Subhadra Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2930 of 2015 Arising Out of PS.Case No. -40 Year- 2014 Thana -PARASBIGHA District- JEHANABAD ======================================================

1. Subhadra Devi Wife of Yamuna Singh Resident of Village - Mallichak, P.S. - Parsabazar, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lakshmi Kant Sharma, Advocate. For the Opposite Party/s : Mr. Shyam Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-01-2015 Heard learned counsel for the petitioner, State and the informant.

The petitioner apprehends her arrest in Paras Bigha P.S. Case No. 40 of 2014, registered for the offences punishable under Section 304B and other Sections of the Indian Penal Code. Ravindra Singh, the informant made allegation that his daughter Punam Kumari was burnt to death by her husband Prince Kumar and other in-laws. Learned counsel for the petitioner submits that the victim got burn injury due to accident. She was brought to P.M.C.H. for treatment. The information was given to the informant, but the victim succumbed to her injuries. Her husband has already been enlarged on regular bail. There is no specific allegation against the petitioner who happens to be mother-in-law of the deceased.

On the other hand, learned counsel for the informant

Patna High Court Cr.Misc. No.2930 of 2015 (2) dt.21-01-2015 vehemently opposed the prayer for bail and submitted that the deceased died within six months of her marriage and there is allegation of demand of dowry.

It appears that the allegation made against the petitioner in a very omnibus and general manner that the daughter of the informant was burnt to death. The husband has already been granted regular bail and no specific allegation either demand of dowry or to burn the deceased is made against the petitioner. Considering the facts aforesaid, the petitioner, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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 Learned Sub-Divisional Judicial Magistrate, Jehanabad in connection with Paras Bigha P.S. Case No. 40 of 2014 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T