Legal Question in Criminal Law in India

I, Bipin Bihari Ranjan elder brother of victim who has been murdered for the DOWRY for which the filed case no. 149/11 DT. 16.09.2011 at obra police station, district Aurangabad, Bihar looking for your help for getting the justice for my sister.

I would like to highlight all the issues related to this case and want to bring to your notice that the victims are not getting justice and by virtue of which culprits are being motivated for further crimes.

My sister Gudiya Devi was married in 2003 with Mr. Abhay Pandey, s/o Mr. Jay ram pandey with all Hindu rituals village-Kharati, Aurangabad, Bihar and after few months only they started demanding heavy dowry along with the four wheeler and other luxurious items. She was getting tortured for dowry by all the family members (Mr. Jay ram pandey and his wife and Mrs. Nitu kumari youngest daughter of Mr. Jay ram Pandey) along with her husband.

In course of time , while trying to sort out the issue we came across that the Abhay pandey was a heavy drinker and was involved in the theft of the vehicle and even the FIR was lodged against him at Obra police station, district Aurangabad, Bihar on the various occasion.

For the time being the things seems to be settled and we were unaware that the conspiracy was being created for the murder by all the family members, and finally they have done what they are not suppose to be done for any womankind. They have slapped womankind and our society and system with murder of my sister.

With planning they have killed my sister on Date 16.09.2011, exactly after seven years to avoid that 304(B). We have been informed by one villager Mr. satender kumar in evening, stating the entire incidents. My ill father went there will few villagers and they found that Mr. Jay ram pandey was instructing Mrs. Nitu kumari to run away in village. The things were being manipulated with the help of neighbors.

My father went to Obra police station, district Aurangabad, Bihar they were not ready to file F.I.R and after long request they came with Inspection officer Mr. Vinit Kumar and found that almost 100% burnt dead body of my sister in lying there in kitchen and there was some vegetables and milk there without any disturbance. It is the same police station where previously FIR was lodged against her husband Abhay pandey for the theft of vehicles on various occasion. Denial of lodging FIR clearly indicates that there was something wrong, somewhere.

Finally, Case has been lodged against Abhay pandey , father Mr. Jay ram pandey and his wife, and Mrs. Nitu kumari by Obra P.S and they have charged I.P.C 304(B), which shows some light of hope to us.

After few months DY.S.P, Daudnagar had done supervision and he charged I.P.C 306 and was trying to release Mrs. Nitu kumari. But with the interfere of D.G.P sir, order was released for supervision and ask to Mr. Rishi kumar (6 years son of my sister who is in Kharati only from day one and they are not giving him to us).

After 2 months Mr. Sanjay Kumar (D.S.P Aurangabad) has done the supervision and he found that this is a case of murder and son of my sister (Mr. Rishi kumar) also told that Mrs. Nitu kumari was there. Based on these facts I.P.C 302 was charged on all the four accused.

The most surprising and Interesting issue is this in this 5 months of period police never tried to arrest any of accused and there is no warrant also and our prestigious high court, Patna granted bail to three accused Mr. Jayram Pandey and his wife and Mr. Abhay pandey (main accused) due to lack of police report.

It is absolutely clear that the things are either being manipulated or not being taken seriously and in this context your intervention is required to get the justice for a woman murdered for DOWRY

Role of Police is highly doubtful in this case. On our enquiry with obra police station, we have been informed that even Mrs. Nitu kumari can�t be arrested and once again the order has been passed from D.I.G sir for supervision with son of my sister.

That innocent boy is with those cruel people and once he has told the true then anybody can understand how they were behaving with that little kid. We found that they are continuously torturing that innocent kid to tell that Nitu was not available on the spot.

Today date 28.05.2012 Mrs. Nitu kumari is also granted on bail from lower court Aurangabad with because if main accused is on bail then there is no problem for her.

It is very clear that somewhere role of police department is not fair. If this things will continue , the time will come that even a single girl/woman will not be safe.

Now on behalf of my family I humbly request to the concern authorities to help us to get the justice.

does I.P.C 304(B) applicable?

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