Chandrakala @ Chandramala Devi @ Chandrakala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6265 of 2020 Arising Out of PS. Case No.-122 Year-2019 Thana- GOPALPUR District- Bhagalpur ============================================== CHANDRAKALA @ CHANDRAMALA DEVI @ CHANDRAKALA DEVI W/o Late Ramdhani Pandit R/o village- Latra, P.S.- Gopalpur, DistrictBhagalpur ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ============================================== Appearance :

For the Petitioner/s :

Mr.Kundan Prasad Singh For the Opposite Party/s :

Mr.Md. Fahimuddin ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-06-2020 Heard Mr. Kamlesh Kumar Pathak, learned counsel for the petitioner and Mr. Fahimuddin for the State. The petitioner, who is mother -in-law of the deceased and is in custody since 30.11.2019 seeks bail in connection with Gopalpur P.S. Case No. 122 of 2019 dated 04.05.2019, which was initially instituted for the offence under Sections 498(A), 504, 506, 307 and 34 of the Indian Penal Code but later, after the death of the deceased, Section 304 (B) of the Indian Penal Code was added. It has been urged on behalf of the petitioner that immediately after the deceased got burnt while cooking, she made a statement before the police that nobody was to be

Patna High Court CR. MISC. No.6265 of 2020(3) dt.08-06-2020 2/2 blamed for the injuries on her person. Later the deceased has stated that such statement was made by her under duress and in fact, everybody of her matrimonial home tortured and troubled her and set her on fire. It has also been submitted that the statement made in the F.I.R., which is the basis for prosecuting the petitioner and others is on the basis of tutoring by the family members of the deceased. However, considering the fact that husband of the deceased has earlier been granted bail by a Bench of this Court vide order dated 18.12.2019 passed in Criminal Miscellaneous No. 74025/2019 and that the petitioner is mother-in-law of the deceased, who is an old person and almost a recluse in life, she is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Naugachia, in connection with Gopalpur P.S. Case No. 122 of 2019. (Ashutosh Kumar, J) sunilkumar/- U T