Mina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21569 of 2019 Arising Out of PS. Case No.-93 Year-2018 Thana- SARAI District- Vaishali ====================================================== Mina Devi Wife of Yugal Kishore Sharma Resident of Village - Rampur, Ratnakar, P.S- Sarai, Distt - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends her arrest in connection with Sarai P.S. Case No. 93 of 2018 registered for the offence punishable under Sections 302/34 of the Indian Penal Code. Petitioner, who happens to be mother-in-law of the sister of the informant is said to have committed her dowry death by setting her ablaze in association of her family members.

It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. No such occurrence as alleged ever took place. As a matter of fact, husband of the deceased had left his service of Medical

Patna High Court CR. MISC. No.21569 of 2019(3) dt.17-06-2019 2/3 Representative and was sitting idle at home. The deceased used to ask her husband to search job and there has been some differences between the deceased and her husband over it and due to which the deceased committed suicide by setting her ablaze when the petitioner had gone to field. On getting knowledge of the occurrence, the petitioner along with other villagers rushed at the place of occurrence and doused the fire and rushed the victim to Hajipur hospital and from there to Appolo Burn Hospital, Patna, but she succumbed to her injury during the course of treatment. Petitioner has neither made any dowry demand nor ever subjected her to torture over the said demand. Allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner happens to be lady having no criminal antecedent.

On the other hand, learned APP opposed the bail prayer of the petitioner.

In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial

Patna High Court CR. MISC. No.21569 of 2019(3) dt.17-06-2019 3/3 Magistrate-XIII-cum-Sub Judge XIV, Viashali, Hajipur in connection with Sarai P.S. Case No. 93 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) rohit/- U T