Shyama Devi Vs. the State of Jharkhand - Court Judgment

Excerpt:
in the high court of jharkhand at ranchi a.b.a. no.3800 of 2012 ---- shyama devi ... ... ... .... petitioner ---versus--- the state of jharkhand ......... .........opposite party ---- coram: hon'ble mrs.justice jaya roy ---- for the petitioner : mr. rajan raj, advocate for the state : a.p.p. ---- 3 / 19.12.2012 heard the counsel for the petitioner and the counsel for the state. the petitioner is accused in this case registered under section 302/34 of the i.p.c., pending in the court of judicial magistrate, 1st class, dhanbad. counsel for the petitioner has submitted that the petitioner is the married sister in law and she is residing separate from the victim lady though in the same angan but she has no concern with the victim lady and her husband. it is also contended that the alleged occurrence has taken place after ten years of marriage and earlier no any panchayati or any case was filed regarding any torture or demand of dowry. counsel for the state has pointed out that there is specific allegation against the present petitioner who is sister in law, who is residing in the same angan of the victim lady and her husband. it is also submitted that it has come in the investigation that the husband of the victim lady solemnized three marriages and amongst them the first one died and the second one left her husband. he has further submitted that the present petitioner has also demanded money from the victim lady. considering the facts and circumstances of the case and also considering the fact that there is specific allegation of torture and demand of dowry against the present petitioner, i am not inclined to grant anticipatory bail to the petitioner. accordingly, the prayer for anticipatory bail of the petitioner is, hereby, rejected. ( jaya roy, j.) si/

Judgment:
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3800 of 2012 ---- Shyama Devi ... ... ... .... Petitioner ---Versus--- The State of Jharkhand ......... .........Opposite Party ---- CORAM: HON'BLE MRS.JUSTICE JAYA ROY ---- For the Petitioner : Mr. Rajan Raj, Advocate For the State : A.P.P. ---- 3 / 19.12.2012 Heard the counsel for the petitioner and the counsel for the State. The petitioner is accused in this case registered under Section 302/34 of the I.P.C., pending in the court of Judicial Magistrate, 1st Class, Dhanbad. Counsel for the petitioner has submitted that the petitioner is the married sister in law and she is residing separate from the victim lady though in the same Angan but she has no concern with the victim lady and her husband. It is also contended that the alleged occurrence has taken place after ten years of marriage and earlier no any panchayati or any case was filed regarding any torture or demand of dowry. Counsel for the State has pointed out that there is specific allegation against the present petitioner who is sister in law, who is residing in the same Angan of the victim lady and her husband. It is also submitted that it has come in the investigation that the husband of the victim lady solemnized three marriages and amongst them the first one died and the second one left her husband. He has further submitted that the present petitioner has also demanded money from the victim lady. Considering the facts and circumstances of the case and also considering the fact that there is specific allegation of torture and demand of dowry against the present petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is, hereby, rejected. ( Jaya Roy, J.

) SI/