Rampati Kuar v. The State Of Bihar

Patna High Court Cr.Misc. No.31040 of 2014 (3) dt.28-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31040 of 2014 Arising Out of PS.Case No. -142 Year- 2013 Thana -KUDRA District- BHABHUA (KAIMUR) ====================================================== Rampati Kuar, W/o Late Ramsurat Yadav, Resident of Village - Kadai, P.S. - Kudra, District - Kaimur at Bhabhua, Bihar. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Uday Pratap Singh, Adv. For the Opposite Party/s : Mr. U.S.P.Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner, apprehending her arrest in connection with Kudra P.S. Case No. 142 of 2013 registered for the offences punishable under Section 304(B) and 201/34 of the Indian Penal Code, seeks the privilege of pre-arrest bail. Allegedly, the case has been lodged on the basis of complaint petition with allegation that the daughter of the informant was being tortured and assaulted and lastly she was burnt to death.

Submission is that at the time of preparing food the deceased was burnt. She was treated by Doctors but ultimately, she succumbed to the injuries. The petitioner is mother-in-law

Patna High Court Cr.Misc. No.31040 of 2014 (3) dt.28-01-2015 aged about 70 years and she is living separately from the husband of the daughter of the informant. She has got no concern but in spite of that at this old age, she has been implicated in this false case.

The learned A.P.P. fairly submits that the petitioner is the mother-in-law.

In the facts and circumstances as stated above, the petitioner, in case of her arrest or surrender within two months from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Kudra P.S. Case No. 142 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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