Sundri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7150 of 2017 Arising Out of PS.Case No. -160 Year- 2016 Thana -SIWAN MUFFASIL District- SIWAN ======================================================

1. Sundri Devi, W/o Late Bishundeo Chauhan, Resident of village - Salempur Mahadeva, P.O., P.S. Mahadeva, OP - Siwan, Distt. - Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Kumar Shrivastwa, Advocat For the Opposite Party/s : Mr. Sri Anant Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-03-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioner apprehends her arrest in connection with Siwan Muffasil (Mahadeva) O.P. P.S. Case No. 160 of 2016, registered for the offence punishable under Section 304B/34 of the Indian Penal Code.

The petitioner is the mother-in-law of the deceased and accusation is that for not fulfilling the demand of dowry the petitioner and other in-laws including the husband burnt her to death by sprinkling kerosene oil.

Submission is of false implication and that the petitioner is an old lady aged about 62 years, she is living separately from the deceased and her husband since long having

Patna High Court Cr.Misc. No.7150 of 2017 (3) dt.17-03-2017 2/2 no connection with them. The husband Deepak Chauhan has faced trial in Sessions Trial No. 416 of 2016 and he has been acquitted by judgment dated 07.03.2017 as all the witnesses have turned hostile and did not support the prosecution version including the informant and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. fairly submits that the husband has faced trial and he has already been acquitted. In the facts and circumstances as stated above, the petitioner in the event of her arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Siwan Muffasil (Mahadeva) O.P. P.S. Case No. 160 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

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