Patna High CourtCR. MISC./4783/2016bail granted

Sunaina Devi v. The State Of Bihar

2016-03-17Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4783 of 2016 Arising Out of PS.Case No. -81 Year- 2013 Thana -SARAIYA District- MUZAFFARPUR ======================================================

1. Sunaina Devi W/o Jagadish Paswan, Resident of Village - Pokharaira, P.S. - Saraiya (Jaitypur O.P.), District - Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Shekhar Anand, Adv. For the Opposite Party/s : Mr. Pushpa Sinha 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 17-03-2016 Heard learned counsel for the parties.

The petitioner apprehends his arrest in connection with Saraiya (Jaitpur O.P.) P.S. Case No.81 of 2013 for the offences punishable under Sections 498A, 323, 304B, 506 and 201 of Indian Penal Code.

The petitioner along with other accused stand charged with an unnatural death of the daughter-in-law who happens to be the sister of the informant. The death is by burning and the petitioner happens to be the mother-in-law.

Mr. Chandra Shekhar Anand, learned counsel for the petitioner with reference to the complaint which was subsequently registered as an F.I.R. under Section 156(3) of the Code of Criminal Procedure submits that the complainant himself

Patna High Court Cr.Misc. No.4783 of 2016 (3) dt.17-03-2016 2/2 has admitted that the deceased was taken for treatment to the Appolo Burn Hospital, Patna and he was much present there but he did not choose to institute any police case at Patna rather went back to the Muzaffarpur and it is after 3 days of the occurrence that the complaint case has been instituted.

Having heard learned counsel for the parties and taking note of the submissions of learned counsel, let the petitioner namely, Sunaina Devi in the event of her arrest/surrender within four weeks from today, be released on bail upon furnishing bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, (West) Muzaffarpur in connection with Saraiya (Jaitpur O.P.) P.S. Case No.81 of 2013 subject to the conditions stipulated under Section 438(2) of the Code of Criminal Procedure.

Bibhash/- (Jyoti Saran, J) U