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Patna High CourtCR. MISC./49226/2015disposed

Smt. Fulan Devi @ Fulan Devi And ORS v. The State Of Bihar

2015-11-09Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49226 of 2015 Arising Out of PS.Case No. -87 Year- 2015 Thana -BARHARA District- PURNIA ======================================================

1. Smt. Fulan Devi @ Fulan Devi Wife of Ravin Yadav,

2. Ranjeet Yadav, Son of Ravin Yadav,

3. Awajeet Kumar @ Abjeet Kumar son of Ravin Yadav, All resident of village - Moujam Patti, P.S. - Raghuwansh Nagar, O.P. - Barhara, District - Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijendra Kumar Singh For the Opposite Party/s : Mr. Ashok Kr.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 09-11-2015 Heard both sides.

Petitioners apprehend their arrest in connection with Barhara ( Raghuwansh Nagar O.P.) no. 87 of 2015, registered under Sections 302/34 of the IPC.

The three petitioners herein are the mother and two sons who are accused of causing death of Sarswati Devi who is none else than the own mother- in- law of the petitioner no.1. Allegation in nut shell is that she was pushed inside the room which was set at ablaze. The injured sustained severe burn injury and later died in hospital. It is submitted that they have falsely been

Patna High Court Cr.Misc. No.49226 of 2015 (2) dt.09-11-2015 2/2 implicated in this case. In fact, while cooking she caught fire and got burnt which subsequently proved fatal. It is further submitted that one of the sons of the deceased is already in jail custody. Learned APP on behalf of the State opposed the prayer and submitted with reference to the impugned order that during the investigation witnesses have supported the prosecution case.

Be that as it may, considering the seriousness of the case and the allegation attributed to the petitioners in the First Information Report, I am not inclined to extend the privilege of anticipatory bail to the petitioners.

Petitioners may surrender and seek regular bail before the Court below. In case the same is preferred the Court below shall consider the same on its own merit uninfluenced by the present order.

(Kishore Kumar Mandal, J) Shyam/- U T