Jaya Roy, J. - (1.) HEARD the learned counsel for the petitioners and the learned counsel for the State. The petitioners are apprehending their arrest in this case registered under Section 304(B), 328, 120 -B, 34 of the I.P.C., pending in the court of Judicial Magistrate, 1st Class, at Dhanbad.
(2.) THE prosecution case, in brief, is that the informant namely Lukman Ansari has submitted a written report on 24.9.2011 stating therein that his sister Noorjahan Khatoon was married in the year 2001 according to the Muslim customs with Asrat Hussain Ansari, who died five years before and his sister is having four children out of the said wedlock and was residing with her in -laws. On 24.9.2011 at about 11:30, Pinku, who is the brother in law of his sister, informed him over mobile phone that his sister is not well and on getting this information, at about 1:30 P.M. reached in the Clinic of Dr. Shashi Bhushan, as informed by the in laws, but he did not find his sister there, and when he asked again, on mobile, the said Pinku, informed him that his sister has been admitted to Pragati Nursing Home at Seraidhella at Dhanbad. When the informant reached there, he found his sister is dead and forth was at her mouth. It is further alleged by the informant that the in -laws of his sister always used to torture her and even when her husband was alive, he also used to demand certain amount from her, and thereafter, her brother -in laws (Bhaisur and Dever) and her sisters -in -laws(Nanad and Gotni) and her mother -in -law all used to torture her and also used to demand money from her. Counsel for the petitioner has submitted that except the suspicion, there is nothing against the petitioners that they have committed the offence. It is further contended that though the allegation made in the F.I.R. is that the petitioners used to torture the victim lady, but neither the victim lady nor her any family members lodged any case regarding the said torture earlier to the present case.
(3.) THE daughter and the son of the victim lady have stated before the police that her mother took poison herself which was kept in the box.;