Patna High CourtCR. MISC./12287/2016bail granted

Shimla Devi v. The State Of Bihar

2016-04-11Justice Smt. Anjana Mishra2 pages

Patna High Court Cr.Misc. No.12287 of 2016 (3) dt.11-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12287 of 2016 Arising Out of PS.Case No. -115 Year- 2015 Thana -RUPAULI District- PURNIA ====================================================== Shimla Devi Wife of Ramjee Tari resident of Village Ajhokopa P.S. Rupauli, District Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Avnish Kumar For the Opposite Party/s : Mr. S.D. Singh Yadav (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Rupauli P.S. Case No. 115 of 2015 registered for the offences punishable under Sections 302/34 of the Indian Penal Code. The allegation against the petitioner is that she alongwith the husband of the deceased caught hold the deceased and set on fire.

Learned counsel for the petitioner after referring several paragraphs of the case diary submits that independent witnesses have stated that the husband of deceased was having illicit relation with another woman and on account of that illicit relation, she had set herself on fire and the villagers participated in putting off the fire and took her to the hospital.

Patna High Court Cr.Misc. No.12287 of 2016 (3) dt.11-04-2016 Considering the aforesaid facts and circumstances of the case and the story as propounded in the FIR is improbable, in view of the statement of the independent witnesses, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Purnea in connection with Rupauli P.S. Case No. 115 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjana Mishra, J) Jagdish/- U T