Dewanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7734 of 2016 Arising Out of PS.Case No. -203 Year- 2015 Thana -KUCHAIKOTE District- GOPALGANJ ====================================================== Dewanti Devi wife of Sri Chandradeo Ram, Resident of village- Hem Bardaha, P.S.- Kuchaikote, District- Gopalganj .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Pandey For the Opposite Party/s : Mr. Iftekhar Mahmood(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-03-2016 Heard learned counsel, appearing on behalf of the petitioner, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Kuchaikote P.S.Case No. 203/2015, disclosing offences under section 304B/34 of the Indian Penal Code The petitioner is the mother-in-law of the deceased. Learned counsel for the petitioner submits that there is no allegation in the First Information Report that the deceased was married to the son of the petitioner before seven years of the date of occurrence. He, accordingly, submits that no offence under section 304B of the I.P.C. is made out on the basis of allegation, as contained in the F.I.R. He further submits that the deceased died because of burn injuries, which she received while cooking food.

Patna High Court Cr.Misc. No.7734 of 2016 (2) dt.30-03-2016 He further submits that attempts were made to save her life, by the family members of the petitioner, but she could not survive and died while on way to hospital.

Considering the above, this application is allowed. Let the petitioner, abovenamed, in the event of her arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in Kuchaikote P.S.Case No. 203/2015, subject to the conditions as laid down under section 438 of the Cr.P.C.

This is subject to the condition that the petitioner shall present herself before the police/ court, as the case may be, as and when required and in the event of failure on her part to appear before the court on two consecutive occasions, her bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U