Patna High CourtCR. MISC./42008/2017allowed

Dharmawati Devi v. The State Of Bihar

2017-10-13Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.42008 of 2017 (3) dt.13-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42008 of 2017 Arising Out of PS.Case No. -26 Year- 2017 Thana -BISHWAMBHARPUR District- GOPALGANJ ======================================================

1. Dharmawati Devi Wife of Late Subhash Pathak resident of Village - Binod Matihinia, P.S. - Bishambharpur, District - Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ranjeet Kumar Pandey For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-10-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Bishambharpur Police Station Case No. 26 of 2017, disclosing offences under Sections 304B/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner happens to mother-in-law of the deceased and she has not played any role in the alleged occurrence. As a matter of fact, the husband, who is in custody, of the deceased has also sustained burn injury, which is evident from Annexure-2 series, in order to save the life of the

Patna High Court Cr.Misc. No.42008 of 2017 (3) dt.13-10-2017 deceased, who is said to have been succumbed before the injury during course of treatment. No any cogent material has come in the case diary against the petitioner. Hence, the petitioner, who is an old lady, deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 10th A.C.J.M., Gopalganj, in connection with Bishambharpur Police Station Case No. 26 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T