Patna High CourtCR. MISC./17524/2017allowed

Anita Devi v. The State Of Bihar

2017-05-03Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.17524 of 2017 (2) dt.03-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17524 of 2017 Arising Out of PS.Case No. -25 Year- 2016 Thana -LAKHNAUR District- MADHUBANI ======================================================

1. Anita Devi, wife of Upendra Narayan Das, resident of Village- Deep West, P.S.- Lakhanaur (R.S.O.P.), District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sri Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 03-05-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 23.11.2016 in connection with Lakhanaur (R.S.O.P.) P.S. Case No. 25 of 2016 registered under Sections 498(A), 304(B) and 34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioner happens to be a woman, who is of clean antecedent, is innocent and has not committed any offence. In fact, while the deceased was cooking on the stove, she caught fire and got burn injuries and immediately thereafter the husband of the petitioner took her to the D.M.C.H Darbhanga for her treatment but she succumbed to the injuries, accordingly, her dead body was cremated, which is evident from annexure-3. There is no involvement of the petitioner in the alleged occurrence nor any witnesses have supported the implication of

Patna High Court Cr.Misc. No.17524 of 2017 (2) dt.03-05-2017 this petitioner in the alleged occurrence. The lady petitioner is rotting in custody for the last five months.

Considering the nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Jhanjharpur, Madhubani in connection with Lakhanaur (R.S.O.P.) P.S. Case No. 25 of 2016.

(Arvind Srivastava, J.) Brajesh/- U T