Dulari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7621 of 2015 Arising Out of PS.Case No. -751 Year- 2014 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Dulari Devi wife of Nandu Razak resident of Bari Khanjerpur , P.S. Barari, District Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar, Advocate. For the Opposite Party/s : Mr. Abhay Kr.Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-04-2015 Heard both sides.

The petitioner seeks bail in Kotwali P.S. Case No. 751 of 2014, registered for the offences punishable under Sections 498A, 307 and other Sections of the Indian Penal Code. The deceased made her fardbeyan before the Executive Magistrate, Bhagalpur and has vividly described the occurrence as to how the petitioner along with other accused persons firstly assaulted her and thereafter burnt her, consequently the victim died.

Learned counsel for the petitioner submits that the petitioner is mother-in-law of the deceased. The petitioner was arrested from her house. The independent witnesses in para - 44 and 45 of the case diary stated that the victim herself ignited fire

Patna High Court Cr.Misc. No.7621 of 2015 (4) dt.07-04-2015 2/2 on her body. It is further submitted that the petitioner is seriously ill.

On consideration of the facts, it appears that the victim has stated every minutes of the occurrence that too before the Executive Magistrate deputed for recording her statement and she made very specific allegation that the petitioner also assaulted her and thereafter burnt her after pouring kerosene oil, hence I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T