Pinki Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28766 of 2014 Arising Out of PS.Case No. -82 Year- 2014 Thana -DANAPUR District- PATNA ======================================================

1. Pinki Kumari D/O Late Ashok Kumar Vishwakarma resident of Village Tari Godam, Bibiganj, P.S. Danapur, Dist - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.28774 of 2014 Arising Out of PS.Case No. -82 Year- 2014 Thana -DANAPUR District- PATNA ======================================================

1. Maya Devi W/o Raj Kishore Vishwakarma resident of village Mubarakpur, P.S. Sahpur, Dist - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.28766 of 2014) For the Petitioner/s : Mr. Tilak Sao For the Opposite Party/s : Mr. Rina Sinha(App) (In Cr.Misc. No.28774 of 2014) For the Petitioner/s : Mr. Tilak Sao For the Opposite Party/s : Mr. Rina Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-01-2015 Both Criminal Miscellaneous are in connection with same P.S.Case and as such have been heard together and are being disposed of by this common order.

Heard learned counsel for the petitioners and learned counsel representing the State.

Patna High Court Cr.Misc. No.28766 of 2014 (3) dt.07-01-2015 The petitioners, apprehending their arrest in connection with Danapur P. S. Case No. 82 of 2014 registered for the offences punishable under Section 304B/34 of the Indian Penal Code, seek the privilege of pre-arrest bail.

It is submitted that the husband of the deceased Suraj Vishwarkama had also given a fardbeyan before the police regarding occurrence wherein he stated that in the night of 19.02.2014 he along with his wife and a minor baby was sleeping inside the room. In the night he felt heat and sign of burning. When he woke up he found the wife burnt. He took for her treatment to the Hospital where she died. The parents of the wife were informed and after reaching there they lodged this false case. It is submitted that Maya Devi is the sister of the mother-in-law whereas Pinki Kumari is unmarried Nanad and they have been implicated falsely. The husband is in custody and as such both having no concern deserve sympathetic consideration. In the case diary also, the witnesses have stated that the deceased committed suicide and as such the petitioners deserve sympathetic consideration to which the learned A.P.P. opposes. In the facts and circumstances stated above, considering that the husband is in custody and the petitioners are unmarried Nanad and sister of mother-in-law of the deceased, the

Patna High Court Cr.Misc. No.28766 of 2014 (3) dt.07-01-2015 petitioners, above-named, are directed to be released on anticipatory bail in the event of their arrest or surrender within one month from the date of receipt/production of a copy of this order on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Danapur in connection with Danapur P.S. Case No. 82/14, subject to the condition as laid down under Section 438(2) Cr. P.C.

(Jitendra Mohan Sharma, J.) Vats/- U T