Pramila Devi @ Nirmala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12350 of 2021 Arising Out of PS. Case No.-172 Year-2019 Thana- SIKTI District- Araria ====================================================== PRAMILA DEVI @ NIRMALA DEVI W/O LATE SHIV PRASAD YADAV R/O VILLAGE KAUWAKOH, P.S.-SIKTY (BARDAHA), DISTRICTARARIA. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-03-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Sikti (Bardaha) P.S. Case No. 172 of 2019, registered for the offences punishable under Sections 304 (B), 201/34 of the Indian Penal Code.

As per FIR the marriage of Priyanka Devi (deceased), the younger sister of the informant, was solemnized with co-accused Triloki yadav, six years prior to lodging the FIR. It has further been alleged that the accused persons tortured the deceased

Patna High Court CR. MISC. No.12350 of 2021(3) dt.03-03-2022 2/3 for non-fulfillment of demand of dowry. The native inmates of the deceased tried their best to persuade the accused persons but all in vain. On 06.10.2019 at about 9 p.m. the informant came to know that the matrimonial inmates of the deceased including the present petitioner had burnt her to death. When the informant along with her maternal uncle reached the matrimonial house of her sister the accused persons were not present there.

Learned counsel for the petitioner has submitted that the petitioner is old mother-in-law and she is innocent. The husband of the deceased is still in custody. He has further submitted that the real fact is that the fire caught to the clothes of deceased when she was preparing meals and when the informant came to know the real fact she has compromised the case.

The copy of compromise petition has been annexed with the record which shows that the informant herself has stated in the compromise petition that deceased was preparing meals, meanwhile, her saree caught fire and it was the cause of her death. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of her arrest or surrender, be released on anticipatory bail within four weeks before the learned court below on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Araria in connection with

Patna High Court CR. MISC. No.12350 of 2021(3) dt.03-03-2022 3/3 Sikty (Bardaha) P.S. Case No. 172 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C. and the learned court below shall examine the factum of compromise before accepting the bail bond. Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) SONALI/- U T