Sabujwa Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5242 of 2016 Arising Out of PS.Case No. -151 Year- 2015 Thana -JHAJHA District- JAMUI ======================================================
1. Sabujwa Devi, W/o Jagdish Das, resident of Village- Amba Tola- Telia Maran, Police Station- Jhajha, District- Jamui. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. Satyavrat Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-02-2016 Petitioner being mother of the husband of the victim is apprehending her arrest in a case registered for the offences punishable under Sections 498A, 302/34 of the Indian Penal Code.
The prosecution case is of killing the daughter of the informant and throwing the dead body in the well after about twelve years of marriage for non-fulfilment of dowry demand.
It is submitted by learned counsel for the petitioner that the victim fell into the well accidentally. The postmortem report also does not support the prosecution case and the informant has subsequently retracted from the initial version and filed a petition to that effect before learned Court below stating that victim accidentally fell in the well. It is further submitted that petitioner is 75 years old lady and
Patna High Court Cr.Misc. No.5242 of 2016 (2) dt.22-02-2016 2/2 suffering from serious illness.
Considering the retracted version of the informant, petitioner being lady and the advance age of the petitioner, let the petitioner, above named, in the event of her arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jamui in connection with Jhajha P.S. Case No. 151 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T