Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30533 of 2014 Arising Out of PS.Case No. -149 Year- 2013 Thana -KUMARGHAND District- MADHEPURA ======================================================

1. Rekha Devi, wife of Krishna Mohan Yadav, Resident of Village - Belha, P.S.- Kumarkhand, District - Madhepura .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bam Bahadur Jha, Adv. For the Opposite Party/s : Mr. S. Eheteshanuddin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner, apprehending her arrest in connection with Kumarkhand (Bhatni) P.S. Case No. 149 of 2013 registered for the offences punishable under Section 304(B)/34 of the Indian Penal Code, seeks the privilege of pre-arrest bail. Allegedly, the daughter of the informant was married with Pravesh Yadav @ Pawan Yadav, the son of the petitioner and after marriage, the in-laws of informant's daughter started demanding motorcycle and for that they used to assault the informant's daughter and lastly, she was burnt to death and her dead body was also cremated.

Submission is that the petitioner is an old aged lady and

Patna High Court Cr.Misc. No.30533 of 2014 (2) dt.21-01-2015 she is mother-in-law having no concern with the affairs of the husband of the deceased. All the family members have been included only with a view to victimize. As a matter of fact, the deceased died in the way to Patna Medical College and Hospital, Patna and funeral of the dead body was done in presence of all the family members of the petitioner as also the informant. The husband of the petitioner is in custody and as such, the petitioner deserves sympathetic consideration, to which the learned A.P.P. opposes the prayer of pre-arrest bail.

Considering against the petitioner, there is no specific allegation rather the allegation is general and omnibus in nature and as such, the petitioner, in case of her arrest or surrender within two months from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in connection with Kumarkhand (Bhatni) P.S. Case No. 149 of 2013, subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Jitendra Mohan Sharma, J.) Vats/- U T