Parvati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64135 of 2021 Arising Out of PS. Case No.-240 Year-2021 Thana- ROSERA District- Samastipur ====================================================== PARVATI DEVI W/o Shatrudhan Das Resident of Village- Mirzapur Ward No.08, P.S.- Rosera, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Prabhat For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 20-09-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Rosera P.S. Case No. 240 of 2021 registered for the offences punishable under Sections 341, 323, 504, 307 and 498A of the Indian Penal Code and later on added Section 304B of the Indian Penal Code.

As per prosecution case, informant's mother-inlaw (petitioner) and her husband (co-accused) committed cruelty with the victim (informant) and both of them always assaulted her and on account of such behavior against the

Patna High Court CR. MISC. No.64135 of 2021(5) dt.20-09-2022 2/3 victim, victim herself sprinkled kerosene oil and set fire in her body.

Learned counsel for the petitioner submits that petitioner is in custody since 25.07.2021. Petitioner bears no criminal antecedent. Learned counsel further submits that petitioner is mother-in-law of the informant but as a matter of fact, she never demanded any dowry or tortured the informant. Petitioner is an old lady suffering from several old age diseases. Learned counsel further submits that as a matter of fact from last couple of years' dispute arose between the informant and her husband and the informant committed suicide in anger.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. He has submitted that accusation made against the petitioner is quite consistent with the postmortem report.

Considering the facts and circumstances of the case, nature of accusation against the petitioner coupled with postmortem report, and materials available on record, I am not inclined to grant bail to the present petitioner. Accordingly, prayer for bail of the present petitioner stands rejected. However, learned trial court is directed to expedite

Patna High Court CR. MISC. No.64135 of 2021(5) dt.20-09-2022 3/3 the trial.

(Alok Kumar Pandey, J) amitkr/- U T