Jahuri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19244 of 2017 Arising Out of PS.Case No. -214 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Jahuri Devi, wife of Pravesh Mallik, Resident of Begusarai, MohallaPokharia, Ward No.27, Police Station- Begusarai Town, District- Begusarai. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Shashi Dhar Jha For the Opposite Party/s : Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-07-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends her arrest in connection with Begusarai Town P.S. Case No. 214 of 2015 for the offences punishable under sections 304 (B) and 34 of the I.P.C.

Puja Kumari, the daughter of the informant, was married to Pintu Mallik, the son of the petitioner, in the year 2007 and due to non fulfillment of demand of cycle and other articles Puja Kumari was living in her Naihar but on 19.04.2015 Pintu Mallik took away Puja Kumari after Bidai and thereafter information was given that she has been burnt. She was being treated in the clinic of Dr. Shashi Bhushan Sharma and after

Patna High Court Cr.Misc. No.19244 of 2017 (4) dt.10-07-2017 2/3 regaining sense she stated that the petitioner and others have burnt her.

Submission is of false implication and that the petitioner is an old mother-in-law having no concern with the family affairs of the deceased and her husband, the petitioner has earlier filed application for pre-arrest bail and token number was given but due to defect the same remained pending and the learned counsel for the petitioner refused to remove the defect and as such this Criminal Miscellaneous has been filed, this fact has been brought in the supplementary affidavit, now the informant after realizing the truth has filed compromise petition also. The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner by submitting that during investigation the witnesses have supported the allegation, in the postmortem report also cause of death has been found due to burn and as such the petitioner does not deserve bail.

In the facts and circumstances as stated above, considering that the petitioner is the mother-in-law, husband is already in custody, there is no specific allegation against the petitioner and as such the petitioner, in case 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

Patna High Court Cr.Misc. No.19244 of 2017 (4) dt.10-07-2017 3/3 bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. C.J.M. Begusarai in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T