Mala Bose v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54835 of 2017 Arising Out of PS.Case No. -90 Year- 2017 Thana -JAMALPUR District- MUNGER ====================================================== Mala Bose, Wife of Subir Bose, Resident of Mohalla- Mohanpur, Keshopur, Jamalpur, Police Station- Jamalpur, District- Munger. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Brajesh Sahay For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-01-2018 Heard the counsel for the petitioner ; one of the witnesses of the case and the State.

The petitioner seeks bail in connection with Jamalpur P.S. Case No. 90 of 2017 dated 14.06.2017 instituted initially for the offences under Sections 326, 307, 34 of the Indian Penal Code but later, Section 302 of the Indian Penal Code was added.

The petitioner and her husband are said to have poured kerosene oil on the deceased and set her on fire. The deceased has made the aforesaid statement.

Mr. Brajesh Sahay, learned counsel for the petitioner has submitted that the deceased has falsely implicated the petitioner and her husband because of the land and family

Patna High Court Cr.Misc. No.54835 of 2017 (3) dt.08-01-2018 2/2 dispute. He has further submitted that doctor has not testified to the fact that the deceased could have made such a statement despite her having received such extensive burn injuries. It has further been submitted that there was no reason for the petitioner or her husband to have caused the death of the deceased. Be that as it may, these are not the grounds which can be adverted to specially when the deceased herself has specifically alleged that she was killed at the hands of the petitioner and her husband. The petitioner is said to be in custody since 15.06.2017.

For the facts stated above, the prayer for bail of the petitioner is rejected for the present.

(Ashutosh Kumar, J) Shageer/- U T