Uma Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26818 of 2016 Arising Out of PS.Case No. -156 Year- 2015 Thana -DURAULI District- SIWAN ====================================================== Uma Devi W/o Fauzdar Chauhan @ Faudar Chauhan, resident of village - Kanaila, P.S.- Darauli, District- Siwan.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prem Sheela Pandey For the Opposite Party/s : Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 01-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Darauli P.S. Case No. 156 of 2015 registered for offence under section 304(B)/34 of the Indian Penal Code. As per the statement made in the first information report that the victim-lady had received the burn injury whereupon the petitioner and the family member have given information about the incident and they have also brought the victim to the Hospital at Siwan and later on, Gorakhpur Hospital from where she was referred to Safdarganj Hospital, New Delhi where she had died.

The counsel for the petitioner submits that there is no

Patna High Court Cr.Misc. No.26818 of 2016 (2) dt.01-07-2016 2/2 specific allegation made against the petitioner, the husband is behind the bar and so much so that the petitioner and the family member have given all information with respect to the said incident, they have not only brought her to the Hospital at Siwan but she was also treated at Gorakhpur and later on, she was referred to Safdarganj Hospital, New Delhi for higher treatment. All possible medical treatment was given to the victim, they have taken all cause of action to save her life, but ultimately she succumbed.

The counsel for the informant submits that the fact is that the victim was killed by the petitioner and others in a brutal manner by pouring the kerosene oil and put her on fire. He further submits that the petitioner is so powerful even when the victim was brought to the Hospital, no first information report was lodged.

Looking to the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner. Accordingly, this petition is rejected.

(Shivaji Pandey, J) Mahesh/- U T