Savitri Devi @ Sabitry Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30935 of 2014 Arising Out of PS.Case No. -176 Year- 2013 Thana -KOTWALI District- MUNGER ====================================================== Savitri Devi @ Sabitry Devi, Wife of Late Krishna Mohan Singh, Resident of Mohalla- Basudeopur, Mali Tola, P.S.- Kotwali, District- Munger .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Adv. For the Opposite Party/s : Mr. Meena Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner, apprehending her arrest in connection with Munger Kotwali P.S. Case No. 176 of 2013 registered for the offences punishable under Section 304(B) of the Indian Penal Code, seeks the privilege of pre-arrest bail. Initially, on the basis of information furnished by the informant, the brother of the deceased, an unnatural death case was registered and subsequently, the informant came out with another report alleging all sorts of ill-treatment, resultantly the lady was ultimately killed. Though the informant again admitted the fact that he had received an information, as he had stated in his earlier report, that his sister caught fire and she was being rushed to the hospital.

Patna High Court Cr.Misc. No.30935 of 2014 (2) dt.27-01-2015 Submission is that admittedly, there was no ill-will between the spouses and the marriage was moving smoothly till the date of occurrence, as a result of which, the child had also been born out of the wedlock. The husband and Devar have already been granted privilege of pre-arrest bail vide Cr. Misc. No. 32621 of 2014 and Cr. Misc. No. 34342 of 2014 after considering all these facts. The husband had reserved two seats in a particular train for taking his wife and children to Delhi but in the meantime accidental death was occurred and an ambulance was requisitioned from the Government Department and the deceased breathed her last in the way.

In the facts and circumstances as stated above, the petitioner, who is mother-in-law, in case of her arrest or surrender within two months from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger in connection with Munger Kotwali P.S. Case No. 176 of 2013, subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Jitendra Mohan Sharma, J.) Vats/- U T