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Patna High CourtCR. MISC./46329/2015rejected

Durgeshwari Devi v. The State Of Bihar

2016-03-01Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46329 of 2015 Arising Out of PS.Case No. -186 Year- 2014 Thana -JAYNAGAR District- MADHUBANI ====================================================== Durgeshwari Devi, W/o Late Rajendra Mahto, Resident of VillageJainagar, Ward No.12, P.S.- Jainagar, District- Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Amit Kumar, Advocate For the Opposite Party : Mr. Rajendra Nath Jha (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 01-03-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending her arrest in connection with Jainagar P.S. Case No.186 of 2014 for allegedly having committed the offence under Sections 302, 304B and 120B/34 of the Indian Penal Code, which is pending in the court of learned Sub-Divisional Judicial Magistrate, Madhubani.

Case diary in the present case was called for, which has since been received.

Learned counsel for the petitioner submits that the petitioner is not at all concerned as she was living away from her son, in support thereof, a certificate issued from the Chief

Patna High Court Cr.Misc. No.46329 of 2015 (5) dt.01-03-2016 2/2 Coucillor of Nagar Panchayat, Jainagar, Madhubani has been produced.

Learned counsel appearing on behalf of the State, after perusal of the case diary, submits that it is a clear-cut case where the petitioner along with her son has combined and the lady in question was burnt to death, more so the occurrence is a heinous one as two small children were also burnt to death simultaneously.

Considering the nature of occurrence, I am not inclined to grant anticipatory bail to the petitioner. It is, thus, rejected.

(Anjana Mishra, J) PNM U T