Bhagmani Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54002 of 2017 Arising Out of PS.Case No. -230 Year- 2017 Thana -TARAIYA District- SARAN ====================================================== Bhagmani Devi, Wife of Kameshwar Pandit, Resident of Village- Taraiyan Jhingna Tola, P.S. Tarayan, Distt. Saran(Chapra). .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 13-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends her arrest in connection with Taraiyan P.S. Case No.230 of 2017/G.R. No.5914 of 2017 registered under Sections 304(B) and 201/34 of the Indian Penal Code.
The accusation is of killing the deceased, the daughter of the informant, by her husband and mother-in-law (petitioner) by burning for non fulfillment of the dowry demand and disposing of her dead body.
Learned counsel for the petitioner submits that the petitioner is the mother-in-law of the deceased, the daughter of the
Patna High Court Cr.Misc. No.54002 of 2017 (2) dt.13-11-2017 2/3 informant. In fact, on 02.08.2017, the deceased, the daughter of the informant, was cooking meal and, in that course, she sustained burn injury. Thereafter, on information, the informant and others came and the deceased, the daughter of the informant, was rushed for treatment at the private clinic from where she was referred to the Earth Hospital, Patna, and the informant rushed to his daughter to the Earth Hospital and got her admitted and treated. On 08.08.2017, the deceased, the daughter of the informant, was taken to the P.M.C.H. by her husband and father (informant), where she died on 15.08.
2017 and her dead body was disposed of in presence of the informant, which would appear from the Fardbeyan of Barood Pandit, the husband of the deceased, the daughter of the informant, as recorded on 16.08.2017 at the Emergency Ward, P.M.C.H., Patna. Further submission is that while the informant was present at the time of disposing of the dead body of the deceased but with an ulterior motive, he has lodged the present case on 25.08.2017 after 23 days of the occurrence. The petitioner is lady and she has no criminal antecedent.
Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of her arrest or surrender by her within six weeks from today, be enlarged on bail on her furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand)
Patna High Court Cr.Misc. No.54002 of 2017 (2) dt.13-11-2017 3/3 with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra, in connection with Taraiyan P.S. Case No.230 of 2017/G.R. No.5914 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T