Smt. Seema Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39041 of 2016 Arising Out of PS.Case No. -295 Year- 2015 Thana -KHAJEKALA District- PATNA =====================================
1. Smt. Seema Devi, Wife of Babloo Pandey
2. Ms. Deepa Kumari, Daughter of Jayanand Pandey Both resident of Village- Bara, Police Station- Noor Sarai, DistrictNalanda, At present RMMaurya Gali, Machcharhatta, Police Station- Khajekalan, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Vikram Deo Singh, Adv. Mr. Vinod Pandey, Adv.
For the Opposite Party/s : Mr. Md. Fahimuddin, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-09-2016 Heard the parties.
This application, for grant of anticipatory bail, arises out of Khajekalan P.S. Case No. 295 of 2015, disclosing offences under Sections 302 and 201/34 of the Indian Penal Code.
Petitioner No. 1 is the wife of brother of the husband of the deceased, whereas petitioner No. 2 is the
Patna High Court Cr.Misc. No.39041 of 2016 (3) dt.23-09-2016 2/3 unmarried sister of the husband of the deceased. From the First Information Report, it appears that the deceased was married to co-accused, namely, Navin Kumar Pandey, nearly 10 years before the date of occurrence. It is alleged that demand of dowry was being made regularly and the deceased was used to be tortured by her in-laws. She died of burn injuries on 08.12.2015. Learned counsel for the petitioners has submitted that the deceased was immediately taken to hospital, specialized for treatment of burn injuries, at Patna, after she caught fire while cooking. He has also submitted that the husband of the deceased himself had received some burn injuries when he attemted to save the life of the deceased.
From the First Information Report, I find that there is no specific allegation of any nature so far as these petitioners are concerned, in the commission of the offence alleged.
Considering the submission, as above, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction
Patna High Court Cr.Misc. No.39041 of 2016 (3) dt.23-09-2016 3/3 of learned Sub-Divisional Judicial Magistrate, Patna City, in connection with Khajekala P.S. Case No. 295 of 2015, subject to the condition laid down under Section 438
(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Praveen-II/-c U T