Raj Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.486 of 2017 Arising Out of PS.Case No. -140 Year- 2016 Thana -MAHNAR District- VAISHALI(HAJIPUR) ======================================================

1. Raj Kumari Devi W/o Upendra Ray R/o Village - Tada Chaudi Ward No. 16, P.S. - Mahnar, District - Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rina Sinha, Advocate For the Opposite Party/s : Mr.Vinod Shankar Modi, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 02.10.2016 in connection with Mahnar P. S. Case No. 140/2016 registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

The prosecution case as lodged on the basis of written report by one Virendra Patel to S.H.O., Mahnar P.S. is that all the accused persons including the petitioner, who is mother-inlaw of the deceased Chandrakala Devi @ Kajal had tortured the daughter of the informant, who has been done to death by poring kerosene oil and setting on fire due to non fulfillment of demand of dowry and disappeared the dead body.

Patna High Court Cr.Misc. No.486 of 2017 (3) dt.18-01-2017 2/2 It has been submitted by the learned counsel for the petitioner that she is innocent and has no criminal antecedent and that general and omnibus allegation has been levelled against her. It has further been submitted that the husband of the deceased, is in custody as is evident from the order sheet, annexed with the Supplementary affidavit dated 06.01.2017 of the learned A.C.J.M., Vaishali at Hazipur, and that charge sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

Learned A.P.P. for State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Considering the facts and circumstances of the case, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Vaishali at Hajipur in connection with Mahnar P.S.Case No. 140 of 2016.

(Nilu Agrawal, J) Sudha/- U T