Indu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15436 of 2016 Arising Out of PS.Case No. -32 Year- 2015 Thana -MALSALAMI District- PATNA ====================================================== Indu Devi Wife of Shri Krishna Prasad Jaiswal, Resident of Mohalla - Marufganj, Adarakh Ghat, P.S. - Malsalami, Patnacity, District - Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manendra Kumar Sinha For the Opposite Party/s : Mr. Kalyan Shankar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 20-05-2016 Heard learned counsels for the petitioner and the State.

The petitioner being the mother of the husband of the victim is languishing in custody since 11.02.2016 in a case registered for the offences punishable under Sections 307, 498A, 304B/34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

The prosecution case based on the fardbeyan of Rina Kumari that she was married with Jaideep Jaiswal in November, 2010 but thereafter torture was inflicted for nonfulfillment of dowry demand. It is specifically alleged that the accused persons including the petitioner poured kerosene on the body of the informant and lit fire as a result she received burn

Patna High Court Cr.Misc. No.15436 of 2016 (3) dt.20-05-2016 2/2 injury. She was treated at PMCH and ultimately she died. It is submitted by learned counsel for the petitioner that the accusation is omnibus and general and thrust of accusation is against the husband of the victim. Learned APP submits that the accusation is based upon the statement of the victim, who has alleged accusation against the petitioner and other in-laws. Considering the nature of accusation, this Court is not inclined to grant bail to the petitioner in connection with Malsalami P.S. Case No. 32 of 2015 pending in the court of learned Additional Chief Judicial Magistrate, Patna City. Accordingly, the prayer for bail of the petitioner is rejected at present.

(Dinesh Kumar Singh, J) DKS/- U T