Rajpati Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.25492 of 2015 (3) dt.22-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25492 of 2015 Arising Out of PS.Case No. -28 Year- 2014 Thana -RASULPUR District- SARAN ====================================================== Rajpati Devi, wife of Lal Chand Mahto, Resident of village + P.O. Jamanpura, P.S.- Rasulpur District- Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashi Shekhar Tiwary For the Opposite Party/s : Mr. Kr. Virendra Narayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending her arrest in a case instituted under Sections 304(B) of the Indian Penal Code. It is alleged by the informant that the marriage of her daughter was solemnized on 07.03.2014 with co-accused Tarkeshwar Mahto. Right from the marriage her matrimonial inmates made persistent demand of a Passion motorcycle. Due to inability to fulfill the demand, they inflicted atrocities on her. One month prior to the occurrence, they had threatened her to kill in a case as their demand remained unfulfilled. It is further alleged that the accused persons including the petitioner had burnt alive the deceased by sprinkling kerosene oil.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.25492 of 2015 (3) dt.22-09-2015 the petitioner has got no criminal antecedent. It has also been submitted that the petitioner is an old mother-in-law of the deceased. It is further submitted that other co-accused in the present case have been acquitted vide order dated 04.03.2015 passed in Sessions Trial No.614 of 2014 (Annexure-2). It has been submitted on behalf of the State that the petitioner is named in the FIR.

Considering the aforesaid facts, let the above named petitioner, in the event of her arrest or surrender in the court below within a period of four weeks, 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 learned CJM, Saran at Chapra in connection with Rasulpur P.S.Case No.28 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sudhir Singh, J) B.Kr./- U T