Manju Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.49948 of 2016 (3) dt.03-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49948 of 2016 Arising Out of PS.Case No. -254 Year- 2016 Thana -KUDHNI District- MUZAFFARPUR ====================================================== Manju Devi Wife of Pradeep Singh @ Chulahi Singh Resident of village - Kurhani Tola, P.S. Kurhani, District Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends her arrest in connection with Kurhani P.S. Case No. 254 of 2016 registered for the offences punishable under Sections 304B, 201, 120B/34 of the Indian Penal Code.

Khushaboo Kumari, the daughter of the informant, was married to Jitendra Kumar Singh in the year 2012 and after marriage the husband, the petitioner being mother-in-law and dewar used to demand cash of Rs. 5,00,000/- and due to nonfulfillment she was strangulated to death and thereafter, her dead body was burnt only with a view to screen the evidence. Out of the wedlock there is a 9 months old son.

Submission is of false implication and that against the petitioner there is no specific allegation, specific allegation is against the husband who is already in custody, the petitioner being

Patna High Court Cr.Misc. No.49948 of 2016 (3) dt.03-02-2017 old mother-in-law is living separately and at the time of occurrence she was at Chandigarh with her youngest son Pappu Kumar, in post mortem report the cause of death has been found due to flame of fire and not strangulation and as such the petitioner deserves sympathetic consideration. Learned APP duly assisted by learned counsel for the informant opposes the prayer of pre-arrest bail by submitting that all the three accused persons have demanded cash of Rs. 5 laks and due to non-fulfillment all have killed the deceased.

In the facts and circumstances stated above, considering that against the petitioner there is no specific allegation, the allegation is general and omnibus in nature, the petitioner above named in case of her surrender or arrest within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Kurhani P.S. Case No. 254 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.