Alleged of killing the deceased the petitioner was accused of demanding dowry as well. The petitioner being the guardian of the deceased tried to conceal the facts and save their son. These formed sufficient grounds for not granting the pre-arrest bail by the Court. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Rajdevo Mahto and Others v. The State of Bihar[Criminal Miscellaneous No. 36545 of 2020].
The facts of the case were that the petitioner was apprehended arrest under Section 304B, 201/34 of the Indian penal Code. For the non-fulfillment of the Demands made by the Father-in-Law and Mother-In-Law, they are accused of killing the deceased.
Learned counsel for the petitioners submitted that they are the father-in-law and mother-in-law and were separate from their son i.e., the husband of the deceased. It was further submitted that the husband of the deceased is in custody. When the Court specifically asked learned counsel for the petitioners whether the son was residing in a separate house at this point, he did not respond. When asked why the body of a young woman who died in the matrimonial house where the petitioners also lived was cremated without telling her relatives or the police, and what the cause of death was, counsel, once again, had no explanation.
Even learned counsel was unable to respond to the Court’s question on what it meant for the petitioners to be separated from their kid and whether he was living in a separate house. There was no information on the cause of death or why relatives were not told.
The Additional Public Prosecutor submitted that the laws being the guardian of the house and deceased didn’t inform anyone about the mishap itself gives the hint of them being a party to the crime and even if the same was done by their son, they are liable for concealing death and facts for protecting their son.
The Hon’ble High Court of Patna held,” Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court finds substance in the submissions of learned APP. The petitioners being father-in-law and mother-in-law and there being no answer forthcoming that they were living in a separate house and also the reason why the relatives of the deceased were not informed and further, that what was the cause of death for a young girl, who died within seven years of marriage, the Court, upon due consideration, is not inclined to grant pre-arrest bail to the petitioners.” the petitioners were denied bail and matter was disposed of on the mentioned terms.
Judgment Reviewed By Nimisha Dublish