BASANTI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The anticipatory bail application filed on behalf of petitioners- Basanti Devi and Kanhaiya Kumar Choudhari @ Kanhaiya Balyogi, who are apprehending their arrest in connection with Dhanwar (Ghortamba O.P.) P.S. Case No.237 of 2021 for the offence registered under Sec. 304B/34 of the I.P.C. pending in the Court of learned Chief Judicial Magistrate, Giridih is pressed into motion.

(2.) As per the prosecution case, daughter of informant Munni Kumari was married to Nitish Kumar Choudhary in 2016. The marriage went on well for about one year, but thereafter all in-laws started harassing the deceased with reference to unlawful demand of Bullet motorcycle. Several times Panchaytis were held but the matter could not be resolved. On 8/10/2021, his daughter suddenly fell ill and died. The case has been registered against husband and other six in-laws.

(3.) It is submitted by learned counsel that there is no evidence on record to suggest that it was the case of unnatural death. Viscera report was preserved and in the FSL report, no chemical regarding poison was found. In this view of the matter, the husband-Nitish Kumar Choudhary and father-in-law-Kishori Choudhari have already been granted regular bail by co-ordinate Bench of this Court. Petitioner No.1 is mother-in-law aged about 58 years and petitioner No.2 is brother-in-law aged about 18 years and there is no legal evidence against them.