Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49450 of 2023 Arising Out of PS. Case No.-59 Year-2023 Thana- PIPRAHI District- Sheohar ====================================================== USHA DEVI W/O KAUSHALENDRA KARUNAKAR R/O VILLAGEDHANKAUL, PS. PIPRAHI, DIST. SHEOHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Kumar Pathak, Advocate.

For the Opposite Party/s :

Mr. Shyameshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-08-2023 Heard Mr. Bijay Kumar Pathak, learned counsel for the petitioner and Mr. Shyameshwar Dayal, learned Additional Public Prosecutor appearing for the State.

2. Petitioner apprehends his arrest in connection with Piprahi P.S. Case No. 59 of 2023 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

3. As per the First Information Report, the petitioner along with other co-accused persons killed the daughter of the informant and tried to burn the deceased in the house itself, and upon being unsuccessful, the deceased was taken for cremation and when the informant came to know about the occurrence, informed the Police on 7.4.2023, upon which, the

Patna High Court CR. MISC. No.49450 of 2023(2) dt.11-08-2023 2/3 dead body was taken into custody by the Police and sent for postmortem. It has further been alleged that the petitioner and other family members used to taunt the deceased for not to bearing a male child.

4. Learned counsel for the petitioner submits that the petitioner is a lady who happens to be the mother-in-law of the deceased. He further submits that in the First Information Report the allegation against the petitioner is general and omnibus in nature. The husband, father-in-law and brother-inlaw (Dewar) of the deceased are in custody.

5. I have heard learned counsel for the parties and have perused the order passed by the learned Sessions Judge, Shivhar.

6. From perusal of the impugned order it appears that the Doctor has opined the cause of death on the basis of external injury caused due to burn by pouring kerosene oil.

7. Regards being had to the submission made by the parties and taking into consideration the nature and seriousness of the allegation and cause of death due to burn by pouring kerosene oil, I am not inclined to grant anticipatory

Patna High Court CR. MISC. No.49450 of 2023(2) dt.11-08-2023 3/3 bail to the petitioner.

8. Accordingly, the prayer for anticipatory bail of the petitioner stands rejected.

(Anil Kumar Sinha, J) S.Ali/- U T