Most. Surta Kuwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4531 of 2015 Arising Out of PS.Case No. -47 Year- 2014 Thana -AGIAON BAZAR District- BHOJPUR ====================================================== Most. Surta Kuwar, wife of Late Mangal Sah Resident of village - Tiwaridih, P.S. Agiaon Bazar, Distt. - Bhojpur at Ara .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Vikas Kumar, Adv. For the Opposite Party/s : Mr. H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 03-02-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 304 B/34 of IPC. Allegation is that due to non-fulfilment of demand of dowry the deceased was burnt to death.
It is submitted that the petitioner is too poor and there is no question of demand of dowry as her family member could not maintain motorcycle. At the time of occurrence, the husband of the deceased was doing private job at Kerala. It is further submitted that during investigation it has come to light that the deceased herself set fire by sprinkling kerosene oil due to frustration. After investigation charge-sheet
Patna High Court Cr.Misc. No.4531 of 2015 (2) dt.03-02-2015 2/2 has been submitted and there is no question of tampering with the evidence.
Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sri Manoj Kumar, 1st Class Judicial Magistrate, Bhojpur at Ara/court concerned in Agiaon Bazar P. S. Case No. 47 of 2014 after framing of charge with following conditions:-
1. The petitioner will not indulge herself in similar or any other offence.
2. One of the bailors must be the close relative of the petitioner.
3. The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, her bail bond would be liable to be cancelled by the learned Court concerned.
(Amaresh Kumar Lal, J) Kanchan/- U T