Mostt. Dhaneshwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27909 of 2016 Arising Out of PS.Case No. -30 Year- 2015 Thana -PATAHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Mostt. Dhaneshwari, wife of Late Shivmangal Sah, resident of VillagePathkauliya, P.S.- Patahi, District- East Champaran .... Petitioner

Versus

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

For the Petitioner : Mr. Rajesh Kumar, Adv. For the Opposite Party : Mr. Manoj Kumar - 1, APP 185 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-09-2016 Heard both the sides.

The petitioner apprehends his arrest in Patahi P.S. Case No. 30 of 2015 under Section 304(B)/34 of the Indian Penal Code.

The informant alleged that his sister was married with Hari Kishore Sah six years ago, but, the accused persons were demanding different articles and torturing his sister. The informant got information on 23.02.2015 that his sister was burnt to death and the accused persons gone with the dead body for cremation. The informant went there and recovered the dead body of his sister. It is submitted that the petitioner is the mother-in-law of the deceased though specific allegation made against the petitioner is that the marriage was solemnized six years ago and she is a widow living separately from her son, the husband of the deceased. The husband Hari Kishsore Sah has already been enlarged on regular bail vide order passed in Cr. Misc. No. 36018 of 2015.

Considering the facts and circumstances that the petitioner is the mother-in-law of the deceased and deceased died

Patna High Court Cr.Misc. No.27909 of 2016 (2) dt.01-09-2016 after six years of the marriage, but, no specific allegation is made during the substance of marriage and even thereafter, the petitioner, above named, in the event of her arrest or surrender, within four weeks from the date of receipt of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with the Patahi P.S. Case No. 30 of 2015 to the satisfaction of the Subdivisional Judicial Magistrate, Sikrahana, East Champaran at Motihari, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. (Prabhat Kumar Jha, J) SA/- U √ T √