Phulo Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20073 of 2015 Arising out of PS.Case No. -92 Year- 2014 Thana -PHULWARIA District- BEGUSARAI ====================================================== Phulo Devi, Wife of Sri Munni Lal Paswan, resident of village - Baro, Gachhi Tola, P.S. Fulwariya, Distt. - Begusarai. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Manoj Kumar Singh, Advocate. For the Opposite Party : Mr. P.N.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-07-2015 The petitioner is apprehending her arrest in connection with Phulwaria P.S. Case No. 92 of 2014 for the offences instituted under Section 304(B)/34 of the Indian Penal Code. Heard learned counsel for the petitioner and the State. The prosecution story, in brief, is that marriage of Sarita Devi, the daughter of informant Sitaram Paswan was solemnized with Ajit Paswan prior to 3 years. At the time of marriage informant gifted materials to her daughter as per strength. She went to her Sasural. After two months of Gauna, the family members of the husband of the daughter of informant started torturing for dowry. Sarita Kumari informed about this to the informant. Informant went to the house of his daughter and proposed her to come Maiyake for 10 days. She told that her

Patna High Court Cr.Misc. No.20073 of 2015 (3) dt.02-07-2015 2 / 3 husband is out of station to earn livelihood, after taking permission she will come. She also told the informant that, Sasur and Bhainsur tortured her. On 6.6.2014 at about 2 p.m. informant received information from villager that his daughter died. He went to the house of his daughter and there he also acknowledged that Sasur Munilal Paswan and Bhainsur Sudhir Paswan murdered her by administering poisonous substance. He also saw the dead body of his daughter, blood and forth was oozing out from her mouth. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is not named in the F.I.R. It is further submitted that the petitioner's name has figured in the present case in course of investigation. It is further submitted that the petitioner is separate in mess and property from the husband of the deceased. On behalf of the State, it has been submitted that the petitioner is are named in the F.I.R.

Considering the aforesaid facts, let the above named, petitioner, be released on bail in the event of his arrest or surrender before the learned court below within a period of four weeks from today in connection with Phulwaria P.S. Case No. 92 of 2014 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court Cr.Misc. No.20073 of 2015 (3) dt.02-07-2015 3 / 3 J.M. Ist Class, Begusarai, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T