IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38544 of 2009 1. SHAKUNTALA DEVI w/o Dhanik Sharma 2. Tuntun Sharma, son of Dhanik Sharma Both resident of village- Ganeshpur, P. S.- Kharik Bazar, District- Bhagalpur…. Petitioners. Versus THE STATE OF BIHAR . ----------- 2. 12.11.2009 Heard counsel for the petitioners and counsel for the State. The petitioner no. 1, mother-in-law and petitioner no. 2, husband face prosecution for offence under Sections 304(B)/34 I.P.C. The allegation against the petitioners is threefold. Firstly, they did not allow the newly married lady, deceased to go back to her house after marriage, secondly they complained against the deceased girl about not doing household work including cooking and thirdly there was a demand for completing the dowry by way of also giving ‘mangtika’ to the deceased lady which was part of promised ornaments. Counsel for the petitioners would therefore submit that even if the aforesaid three allegations are accepted it would still not be a case under Section 304B I.P.C. inasmuch as it was apparent lack of conviction of the deceased who had committed suicide by hanging herself her which, the petitioners cannot be held guilty 2 specially when the only allegation demand of dowry in form of ‘Mangtika’ would not inspire confidence as the same was to be used only by the married lady, the deceased herself. This court would find that the husband, petitioner no. 2, had not only, on finding his wife to be dead on account of her own hanging from ceiling in the house, informed the police but also informed the family members of the deceased as a result whereof not only the informant, the uncle of the deceased could also arrive at the have scene but could also a last look of the dead body of niece. The possibility of the deceased having committed suicide can also not be ruled out, inasmuch as there is no ante-mortem injury on the person of the deceased so as to suggest that any physical torture caused to her. For the mental torture, the petitioner no. 2 an aged old lady, the mother-in-law in the facts and circumstances of this case cannot be held to be primarily responsible inasmuch as it was for the husband petitioner to create a congenial atmosphere so that the newly wedded wife could have become comfortable in her sasural. Be that as it may, in the facts and circumstances of the case, this court would direct for 3 release of the petitioner no. 1, Shakuntala Devi on bail on her furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of ACJM, Naugachhia in connection with Kharik P. S. case No. 105 of 2009, subject to the condition that one of the sureties must be furnished by a close family relation of the petitioner no. 1. The prayer for bail of the petitioner no. 2, husband for the time being is rejected and he may renew his prayer for bail after completing one year of his judicial custody as also after surrendering of his elder brother Bilash Sharma. As there are only three accused persons in this case namely two petitioners and the aforementioned Bilash Sharma, this court would also direct the trial court to conclude the trial expeditiously preferably within a period of six months from the date of receipt/production of a copy of this order. It goes without saying that petitioner no. 1 in the event of trial being taken up would remain present in course of such trial and her absence on two consecutive dates will lead to cancellation of her bail. kanchan (Mihir Kumar Jha, J.)