Manisha Kumari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52893 of 2016 Arising Out of PS.Case No. -143 Year- 2016 Thana -PHULWARIA District- GOPALGANJ ======================================================
1. Manisha Kumari, daughter of laljee Prasad
2. Kismati Devi, Wife of Laljee Prasad
3. Laljee Prasad, Son of Late Ramjash Prasad All resident of village- Balepur, P.S.- Fulwariya, (Sripur O.P.) District - Gopalganj .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Indrajeet Bhushan For the Opposite Party/s : Mr. Sri Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-12-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
This is an application for grant of anticipatory bail for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.
Petitioner no. 1, is the married Nanad (sister-in-law), petitioner no. 2 is the mother-in-law and petitioner no. 3 is the father-in-law of the deceased.
It has been submitted on behalf of the petitioners that the petitioners have no concern with the alleged occurrence, which took place when the deceased went to boil milk for her children and unfortunately her sari caught fire and due to which she got severe burn injuries and subsequently succumbed to the said burn
Patna High Court Cr.Misc. No.52893 of 2016 (2) dt.21-12-2016 2/3 injuries. It has further been submitted on behalf of the petitioners that the petitioners are the persons, who took the deceased to the hospital and when they informed the informant about the said occurrence, the informant instead of doing anything has lodged the present case against the petitioners.
Heard learned A.P.P. also.
Having heard both sides, on perusal of the impugned order, it transpires that there were continuous demand of dowry and due to non fulfillment of the said demand, the deceased was subjected to physical and mental torture, I am not inclined to grant the petitioner Nos. 2 and 3, the privilege of anticipatory bail, it is accordingly rejected.
However, if the petitioner's surrender before the Court below within a period of four weeks from today, their prayer for grant of regular bail, may be considered by the learned Court below on its own merit, without being prejudiced by the order of this Court.
So far as petitioner no. 1, is concerned, having regard to the facts and circumstances of the case and as she is married nanad of the deceased, it is directed that petitioner no.1, namely, Manisha Kumari, in the event of her arrest or surrender before the court below within a period six weeks, be released on bail on
Patna High Court Cr.Misc. No.52893 of 2016 (2) dt.21-12-2016 3/3 furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XIII, Gopalganj, in connection with Fulwaria P.S. Case No. 143 of 2016 (G.R. No. 3358 of 2016), subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J) sunil/- U