Sunaina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31531 of 2015 Arising Out of PS.Case No. -134 Year- 2014 Thana -ARER District- MADHUBANI ====================================================== Sunaina Devi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Gajendra Prasad Yadav (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-08-2015 Learned counsel for the petitioner is permitted to make necessary correction in the petition, as prayed for. Heard learned counsels for the petitioner and the State. The petitioner being mother of the husband of the victim is apprehending arrest in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code. The accusation is of killing the daughter of the informant by causing burn injury after three years of marriage for non fulfillment of dowry demands and disposing of the dead body. It is submitted by the learned counsel for the petitioner that the accusation is omnibus and general against the entire inlaws family. The brother of the victim got his fardbeyan recorded at PMCH to the effect that the victim received accidental burn injury and she was initially given medical assistance at DMCH

Patna High Court Cr.Misc. No.31531 of 2015 (2) dt.03-08-2015 2/2 and thereafter referred to PMCH where during treatment she died. The present FIR was lodged by the father of the victim after disposal of the dead body. Subsequently the informant has retracted from the initial version and has filed a petition to that effect before the learned court below and the same has been brought on record as Annexure 3.

Considering the fact that the victim was given medical assistance and the brother of the victim got his fardbeyan recorded to the effect that the victim received accidental burn injury, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Madhubani in connection with Arer P.S. Case No.134 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T