IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26547 of 2009 SAHODARI DEVI @ SAHODARA DEVI, W/O Harilal Gond, resident of Village- Laxmipur, P.S.- Thakraha( Bhitaha O. P.), District- West Champaran...............................................Petitioner. Versus THE STATE OF BIHAR..................................................Opposite Party. with Cr.Misc. No.43593 of 2009 RAMESHWAR GOR @ RAMESHWAR GOND, S/O HARILAL GOND, R/O LAKSHMIPUR, P.S.- TAHAKARAHA (BHITAHA), DISTT.- WEST CHAMPARAN......................................Petitioner. Versus THE STATE OF BIHAR..................................................Opposite Party. ----------- 05. 14.12.2009. Heard learned counsel appearing on behalf of the petitioner, Sahodari Devi @ Sahodara Devi, learned counsel appearing on behalf of the petitioner Rameshwar Gor @ Rameshwar Gond and learned counsel appearing on behalf of the State. The petitioners herein are accused in connection with Thakraha (Bhitaha) P.S. Case No. 05 of 2009 for offence punishable under Sections 302, 201 and 34 of the Indian Penal Code. The First Information Report has been instituted at the instance of one Satyendra Patel, who has stated that upon the death of one Dashrath Sah, he is looking after his children including the deceased Ramani Kumari and got her married to the son of the petitioner Sahodari Devi @ Sahodara Devi, namely, Keshwar Sah. It is alleged that since the marriage took place in the year 2006, the in- laws of the victim girl, Ramani Kumari have continuously made demand of dowry and harassed 2 and tortured her. The allegation is that when on 11.01.2009 he went to meet the victim girl, he did not find any body and got an information that the in-laws of the victim girl including the petitioners herein and others had committed murder of the victim girl and had caused disappearance of the dead body which had been buried at place in Village-Laxmipur and which was subsequently retrieved. The post mortem report shows that the cause of death was by reason of the sharp cutting injury. Learned counsel appearing on behalf of the petitioner Sahodari Devi @ Sahadara Devi submits that she is the mother-in-law and is aged about 60 years old and that in the statement of the allegations, no role as such has been attributed to her. Learned counsel with reference to the paragraph nos. 4, 7 and 10 of the case diary further submits that except general allegation, nothing specific had been attributed to her and that she was present at home even after the death of the victim girl and was arrested from her house on 30.01.2009. Learned counsel submits that the petitioner herself has stated in her statement which has been mentioned in paragraph no.10 of the case diary that she merely gave two slaps to the deceased and that it was her husband, Hari Lal Gond, and her elder son Rameshwar Gor @ Rameshwar Gond who had thrown her dead body. Learned counsel thus submits that merely on account of being mother-in- law she has been roped in the present case. Learned counsel appearing for other petitioner, 3 Rameshwar Gor @ Rameshwar Gond submits that the First Information Report is completely silent on any specific allegation and that the allegations are general and omnibus in nature. He submits that the cause of death of the victim girl was not by reason of any act of this petitioner. The dead body was recovered from a river. He submits that it was not clear as to whether the dead body recovered was of the victim girl and or any body else. Learned counsel for the petitioner submits that the victim girl was having illicit relationship with her brother-in- law, Kedar Patel, and that it is the said Kedar Patel who has done away with the victim girl and it is Kedar Patel who has named this petitioner, Ramshwar Gor @ Rameshwar Gond in the First Information Report. He submits that the petitioner has been falsely implicated in the present case. The statement of the husband of the victim girl namely, Keshwar Sao, has been recorded in paragraph no.32 of the case diary in which he has stated that some days back when he called on telephone at his home he heard the sound of cries and his family members did not allow his wife to talk with him and subsequently he found that she has died and the dead body was found in the river with injury marks. In the circumstances of the case where the death has taken place in the marital home of the victim girl with injury marks, the role of the petitioners herein can not be ruled out especially in the circumstances that the dead body was recovered 4 from a river. However, considering the age of the petitioner Sahodari Devi @ Sahodara Devi, she may be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bagaha (West Champaran) in connection with Thakraha (Bhitaha) P.S. Case No. 05 of 2009 but in the circumstances I could not be persuaded to release the petitioner Rameshwar Gor @ Rameshwar Gond on bail. His bail application is dismissed. U.K. (Jyoti Saran,J)