Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35477 of 2014 Arising Out of PS.Case No. -74 Year- 2014 Thana -BIKRAM District- PATNA ======================================================

1. Usha Devi Wife of Shyamdeo Singh, resident of village- Hathsar, P.S.- Bikram, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arbind Kumar Singh For the Opposite Party/s : Mr. Manoj Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 3.

23-03-2015.

Heard learned counsels for the petitioner, the informant and also learned A.P.P. for the State.

Petitioner apprehends her arrest in a case under section 302 and other sections of the I.P.C.

The brother of the deceased alleged that his sister was married with one Sumant Kumar in the year 2000. His brother-inlaw got service after the marriage, i.e why father-in-law and mother-in-law of the deceased were subjecting his sister to physical and mental torture and they burnt her to death. Shri N.K. Agrawal, learned Senior Counsel, has submitted that the petitioner is mother-in-law of the deceased and there is no specific allegation that she burnt her daughter-in-law. The police, after four or five months of the occurrence, recorded the statement of the daughter and son of the deceased, who disclosed that the petitioner and her husband sprinkled kerosene oil and set their mother on fire. The statements are belated, i.e why the Investigating Officer, submitted chargesheet under section 306

Patna High Court Cr.Misc. No.35477 of 2014 (3) dt.23-03-2015 IPC. The father-in-law has already been granted bail. The petitioner is a lady.

On the other hand, learned counsels for the informant and learned A.P.P. have vehemently opposed the prayer for anticipatory bail.

On perusal of record, it appears that the Investigating Officer has taken the statements of the daughter and son of the victim at a very belated stage although they are the eye witnesses and they have very categorically stated that the petitioner and her husband sprinkled kerosene oil and ignited fire in the body of the deceased.

Considering the facts and nature of allegations, I am not inclined to enlarge the petitioner on anticipatory bail and accordingly, the same is rejected.

Let the petitioner surrender in the court below and pray for grant of regular bail and the court below shall consider the same without being prejudiced of this order.

(Prabhat Kumar Jha, J.) ahk/- U T