Kumharawati Devi @ Umrawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43490 of 2017 Arising Out of PS.Case No. -21 Year- 2017 Thana -NAUBATPUR District- PATNA ====================================================== Kumharawati Devi @ Umrawati Devi wife of Chote Paswan @ Shiv Narayan Paswan, resident of Village- Chiraura, P.S.- Naubatpur, DistrictPatna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Niraj Kumar For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 27.01.2017 in connection with Naubatpur P.S. Case No. 21 of 2017 for offences punishable under Sections 304(B)/34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that his daughter was married to one Rohit Kumar 5-7 months back and he was informed that his daughter has been burnt to death by the husband, father-in-law and mother-in-law (petitioner).

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.43490 of 2017 (5) dt.12-12-2017 2/3 petitioner that she is innocent and just because she is the motherin-law, she has been made accused. He submits that general and omnibus allegation has been levelled against her and that chargesheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned A.C.J.M., Danapur, District-Patna, in connection with Naubatpur P.S. Case No. 21 of 2017, subject to the conditions that: (1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(2) Petitioner will appear before the learned court below during trial as and when required and failure to

Patna High Court Cr.Misc. No.43490 of 2017 (5) dt.12-12-2017 3/3 appear on two consecutive dates without assigning any reason will entail cancellation of her bail bonds.

(Nilu Agrawal, J) Devendra/- U T