D.N. Upadhyay, J. - (1.) HEARD learned Counsel for the parties.
(2.) PETITIONERS are accused in connection with Bariatu P.S. Case No. 368 of 2010 corresponding to G.R. Case No. 4974 of 2010 registered under Sections 498A & 304B/34 of the Indian Penal Code which is pending in the Court of learned Chief Judicial Magistrate, Ranchi. It is disclosed in the written report that Bindia (deceased), who was married with accused Vivek Kumar Dubey, was subjected to torture and treated with cruelty for want of more dowry demanded in terms of cash to purchase a flat in Mumbai. The demand made by the accused persons and threat given was duly reported by the deceased to her parents through letters. Since the deceased was carrying pregnancy and she was not taken proper care by the accused persons, she was brought by the informant on 01.06.2010. When the deceased felt delivery pain, she was admitted to a nursing home on 19.10.2010 and after giving birth to a female child she was scolded by her husband and in -laws on phone as a result the condition of the deceased became precarious and she took her last breath in nursing home.
(3.) IT is submitted that it is admitted case of the prosecution that husband was not present in the hospital at the relevant point of time. The call details report, obtain by the I.O. during investigation in the case diary, shows that the petitioners had also not attended the deceased in the said nursing home. As a matter of fact Bindia died her natural death in the nursing home which is apparent from the statement of the doctor and that is the reason no post mortem was done. There is delay in lodging in F.I.R.;