Poonam Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45730 of 2016 Arising Out of PS.Case No. -78 Year- 2016 Thana -MUSAHRI District- MUZAFFARPUR ======================================================
1. Poonam Devi Wife of Sri Ramesh singh @ Ramesh Mahto Resident of Village Sutihara P.S. Mushari, District- Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bindhya Keshri Kumar, Sr. Advocate Mr. Satya Prakash For the Opposite Party/s : Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-11-2016 Heard Sri Bindhya Keshri Kumar, the learned senior counsel for the petitioner, the learned Additional Public Prosecutor and the learned counsel for the informant.
The petitioner apprehends her arrest in Mushari P.S. case No.78 of 2016 under Section 326, 307/34 of the Indian Penal Code. Later on Section 304B of the IPC was added. The informant alleged that she had abdominal pain and she was lying on her bed. Both of her sisters-in-law (Gotini) Rekha Devi and Poonam Devi, the petitioner, came along with her husband, Naresh Kumar, and her sisters-in-law poured kerosene oil on her body and her husband ignited fire. The informant got burn injuries. During the course of treatment she died.
Patna High Court Cr.Misc. No.45730 of 2016 (2) dt.24-11-2016 2/2 The learned senior counsel for the petitioner submits that petitioner is sister-in-law of the deceased. She has no manner of concern with the family affairs of the deceased and her husband. She is living separately in a different village where she had got land. The deceased and her husband were living separately from the petitioner but it appears from the FIR itself that the deceased has made very specific allegation that it was the petitioner and Rekha Devi who sprinkled kerosene oil on her body and her husband threw burning match on her body causing extensive burn injuries to her and later on she died. Considering the facts aforesaid and the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J) BKS/- U T