Karibari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2536 of 2022 Arising Out of PS. Case No.-510 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.

KARIBARI DEVI W/o Sadhu Yadav Resident of Bilauri, P.S. and DistrictLakhisarai. 2.

Sadhu Yadav Son of Late Ram Chetan Yadav Resident of Bilauri, P.S. and District- Lakhisarai.

3.

Vikash Yadav Son of Sadhu Yadav Resident of Bilauri, P.S. and DistrictLakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajnish Chandra For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Lakhisarai P.S. Case no. 510 of 2021 instituted for the offence punishable under Sections 498A/34 of the Indian Penal Code.

It is a case of cruelty upon the informant by the petitioners and due to torture by them, after sprinkling kerosene oil, she ablazed herself on fire and during treatment she died. Learned counsel appearing on behalf of the petitioners

Patna High Court CR. MISC. No.2536 of 2022(4) dt.20-09-2022 2/3 has submitted that petitioner nos. 1 and 2 are parents-in-law and petitioner no. 3 is brother-in-law of the deceased-informant and have been falsely implicated in this case. They have no concern with the daily activity of the deceased and her husband Mukesh Kumar. Petitioners are living separately by their mess and business, so there is no question of torture by them. Marriage of deceased was solemnized with Mukesh Kumar, son of petitioner no. 1 and 2, ten years before the alleged incident. Informant was a short tempered lady and she herself poured kerosene oil on her body and put on fire. The sole responsibility to take care of wife is upon husband and about him, informant has clearly stated in the FIR that her husband, Mukesh Kumar was trying his level best to put off the fire.

Learned APP appearing for the State has opposed the prayer of Bail and submitted that after altercation, informant had put herself on fire in presence of the husband but during investigation I.O. has not recorded his statement about the fact. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest

Patna High Court CR. MISC. No.2536 of 2022(4) dt.20-09-2022 3/3 or surrender in connection with Lakhisarai P.S. Case no. 510 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Lakhisarai subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U