Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32765 of 2019 Arising Out of PS. Case No.-479 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== Usha Devi Wife of Late Chandradip Yadav Resident of Village - Tejabigha, P.S.- Bakhtiyarpur, Distt - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binit Kumar For the Opposite Party/s :

Mr. Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered under Section 304(B)/34 of the Indian Penal Code. Petitioner who happens to be mother-in-law of the deceased is said to have committed dowry death of the deceased along with other accused persons by setting her ablaze sprinkling kerosene oil on her.

It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. She has been falsely implicated in the case by the informant due to ulterior motive. She happens to be mother-inlaw of the deceased. The allegation levelled against the petitioner is not specific rather general and omnibus in nature.

Patna High Court CR. MISC. No.32765 of 2019(2) dt.17-05-2019 2/2 Citing Annexure-2, petitioner has further submitted that the brother of the deceased namely Mukesh Kumar has given fardbeyan in emergency ward of NMCH, Patna that his sister has committed suicide by setting her ablaze over petty row of meager amount of money with the petitioner. Petitioner also tried to save her and in that course she was scorched. Petitioner happens to be lady and she has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Barh, Patna in connection with Bakhtiyarpur P.S. Case No. 479 of 2018, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T