Patna High CourtCR. MISC./33936/2017bail granted

Binda Devi v. The State Of Bihar

2017-08-23Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33936 of 2017 Arising Out of PS.Case No. -221 Year- 2017 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Binda Devi, W/o Shiv Shankar Prasad, Resident of Mirchaipati, Ward No.-9, P.S.-Sitamarhi, District-Sitamarhi .... Petitioner

Versus

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

For the Petitioner : Mr. Dhananjaya Nath Tiwari, Adv. For the State : Mr. Sakir Ahmad, APP 195 For the informant : Mr. Surendra Kishore Thakur, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-08-2017 Heard the learned counsel for the petitioner, the informant and the State.

This is a petition for grant of anticipatory bail for offence under Section 304B/34 of the Indian Penal Code. The petitioner is mother-in-law of the victim of dowry death. Husband of the victim is already in custody. The mother of the victim is informant of this case. Undisputedly, Puja Kumari, died in unnatural circumstances by sustaining burn injuries. The injuries were sustained on 28.02.2017 and she was hospitalized for treatment at Apollo Burn Hospital, Patna. During the course of treatment her statement was recorded on 12.03.2017 by the police in presence of the doctor wherein the victim stated that she had some quarrel with the husband. As a result whereof, when her husband went away, she caused burn injury to herself. Thereafter, she died on 23.03.2017. There is no other material on record to substantiate illegal demand and torture for the same before the death. Rather the witnesses of the locality have stated that due to quarrel between two spouses, the victim burnt herself.

Patna High Court Cr.Misc. No.33936 of 2017 (4) dt.23-08-2017 2/2 The learned counsel for the informant opposed the prayer for bail.

Considering the aforesaid material, I am of the view that the petitioner deserves bail. Let the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each in connection with Sitamarhi P.S. Case No. 221 of 2017 to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √