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Patna High CourtCR. MISC./3517/2015bail granted

Anita Devi @ Bukani Devi v. The State Of Bihar

2015-05-21Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3517 of 2015 Arising Out of PS.Case No. -209 Year- 2012 Thana -PARWATTA District- KHAGARIA ====================================================== Anita Devi @ Bukani Devi W/o Late Shakaldeo Singh Resident of village - Nayagoan, P.S. Parbatta, District - Khagaria .... .... Petitioner

Versus

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

For the Petitioner : Mr. Binod Kumar, Advocate. For the Opposite Party : Mr. Indra Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-05-2015 Heard learned counsel for the petitioner as well as learned counsel for the State.

In this application for anticipatory bail the petitioner apprehends her arrest for the offences punishable under section 304 (B)/34 of the I.P.C.

The daughter of the informant was married with Rudal Singh the son of the petitioner 1 1⁄2 years before and thereafter on 10.02.2012 the informant received information that her daughter Anita Devi has burnt during course of making tea and thereafter the informant went at her in-laws house and after knowing that she had been admitted at Mayaganj Hospital, Bhagalpur the informant went there where the daughter stated that the accused persons have sprinkled kerosene oil on her body and set her on fire and during

Patna High Court Cr.Misc. No.3517 of 2015 (3) dt.21-05-2015 2/2 treatment she died on 09.04.2012.

Submission is of false implication and that during investigation witnesses Shobhakant Mishra, Rajo Mandal and Gita Devi vide paragraphs- 6 and 7 of the case diary have stated that daughter of the informant was burnt herself and the in-laws tried their best to get her treated and recovered but in vain. The petitioner is an old mother-in-law and she has been roped in this case without any specific allegation and as such she deserves sympathetic consideration, to which the learned A.P.P. opposes. Considering that the petitioner is an old mother-in-law and there is no specific allegation against her and as such she in case of her arrest or surrender within two months from the date of receipt/production of a copy of this order shall 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. C.J.M. Khagaria in Parbatta P.S. Case No. 209 of 2012, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T