Shanti Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.4521 of 2015 (4) dt.23-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4521 of 2015 Arising Out of PS.Case No. -220 Year- 2014 Thana -BARBIGHA District- SEKHPURA ======================================================

1. Shanti Devi W/o Bindeshwar Chaudhary Resident of village - Koyaribigha, P.S. Barbigha, Distt. - Sheikhpura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Anjani Pd. Singh For the Opposite Party/s Mr. Asha Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 23.04.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner happens to be mother-in-law of deceased and even if fardbeyan of deceased assumed to be true, then also there is only allegation against the petitioner that she sprinkled kerosene oil on the person of the deceased but it is not specific who set the deceased on fire. Moreover, deceased was under the treatment for near about one and half month and after her death case converted under section 304B of the Indian Penal Code.

It is also obvious from perusal of the case diary that after institution of this case, Investigating officer did not take pain to record further statement of the deceased before her death. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like

Patna High Court Cr.Misc. No.4521 of 2015 (4) dt.23-04-2015 amount each to the satisfaction of the Chief Judicial Magistrate, Sheikhpura in Barbigha P.S. Case no. 220/2014. shahid (Hemant Kumar Srivastava,J) U T