Runa Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48317 of 2015 Arising Out of PS.Case No. -25 Year- 2015 Thana -DHANSOI District- BUXAR ======================================================

1. Runa Devi wife of Vinay Ram

2. Arjun Ram @ Arjun Kumar s/o Vinay Ram Both resident of village - Karma, P.S. - Dhansoi, District - Buxar.

3. Kawaldhari Ram S/o Motilal Ram R/o Karma P.S. Dhansoi Dist - Buxar.

4. Ramjee Prasad S/o Umha Ram R/o Village Hathua Rajpur, P.S. Rajpur, District - Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlendu Shekher Thakur For the Opposite Party/s : Mr. U.L. Verma (APP) =============================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-05-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Petitioner No. 1 is the mother-in-law, petitioner No. 2 is the Dewar, petitioner No. 3 is the maternal uncle of the husband of the deceased and petitioner No. 4 is the father-in-law of the deceased who apprehend their arrest in connection with a case registered for the offences punishable under Sections 304-B and 34 of the Indian Penal Code.

Diary in this case was called for earlier which has since been received.

Learned counsel for the petitioners submits that the

Patna High Court Cr.Misc. No.48317 of 2015 (5) dt.09-05-2016 P2/3 deceased suffered an accident while cooking and soon thereafter, she was shifted to Varanasi for treatment by the husband of the deceased and other family members and for better treatment she was referred and taken to Safdarjung Hospital, New Delhi on 07.02.2015 where ultimately she succumbed to her burn injuries on 11.02.2015. It is further submitted that on 08.02.2015, the deceased gave a statement before the Executive Magistrate at New Delhi stating that her family members were not responsible for the accident and that there was no intention or criminality on the part of the accused persons. It is also submitted on behalf of the petitioners that the said facts have come to be recorded in Paragraph No. 95 of the case diary.

Learned counsel appearing on behalf of the State after referring aforementioned paragraph of the case diary states that actually, the deceased had described the incident as an accident and there is no other material in the case diary to implicate these petitioners.

Considering the aforementioned facts and circumstances and also because it has been submitted that the husband of the deceased, namely, Bhim Ram has been extended the privilege of anticipatory bail in Cr. Misc. No. 14640 of 2016 vide order dated 22.04.2016, let the petitioners above named, in the event of their

Patna High Court Cr.Misc. No.48317 of 2015 (5) dt.09-05-2016 P3/3 arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Dhansoi P.S. Case No. 25 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T