Patna High CourtCR. MISC./39324/2016bail granted

Shiv Kumari Devi v. The State Of Bihar

2016-09-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39324 of 2016 Arising Out of PS.Case No. -18 Year- 2016 Thana -TARARI District- BHOJPUR ======================================================

1. Shiv Kumari Devi Wife of Shankar Rajwar Resident of Village - Khawani, P.S. - Tarari, District - Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-09-2016 Heard both sides.

The petitioner apprehends her arrest in Tarari P.S. Case No. 18 of 2016, registered for the offences punishable under Sections 302, 201, 120B and 34 of the Indian Penal Code. The informant alleged that his daughter was married to Guddu Rajwar in the year 2004. His daughter had complained that her husband had illicit relation with another lady and that is why her husband and other in-laws were assaulting her. In the night of 8/9.04.2016 he got information of illness of his daughter but when the informant came, his daughter was not found in the house. The informant came to know that his daughter was killed and her dead body was cremated.

It is submitted that the petitioner is mother-in-law of the

Patna High Court Cr.Misc. No.39324 of 2016 (2) dt.16-09-2016 2/2 deceased. No specific allegation is made against the petitioner. After 12 years of marriage, the deceased died due to abdominal pain and this false case has been lodged. The husband of the deceased is already in jail.

Considering the facts aforesaid and the fact that the petitioner is mother-in-law of the deceased and no specific allegation is made against the petitioner, the petitioner above named 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 Smt. Divya Jaiswal, Judicial Magistrate 1st Class, Bhojur at Ara in connection with Tarari P.S. Case no. 18 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi U T