Karpura Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71104 of 2019 Arising Out of PS. Case No.-81 Year-2019 Thana- KATRA District- Muzaffarpur ====================================================== KARPURA DEVI Wife of Subodh Thakur Resident of Village - Jajuar, P.S.- Katra, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is apprehending her arrest in Katra P.S. Case no. 81/2019 registered under section 304B/34 of the IPC. Case diary had earlier been called for. The same has been received.

Petitioner's counsel submits that even as per allegation in the FIR, petitioner is mother-in-law. The victim and her husband (petitioner's son) both had sustained burn injury. FIR itself discloses that her husband had, in fact, tried to save daughter-in-law of the petitioner.

During investigation, witnesses have deposed that due to altercation between the petitioner and the deceased, she had poured kerosene oil on herself and ignited fire.

Patna High Court CR. MISC. No.71104 of 2019(3) dt.05-03-2020 2/3 Petitioner's son even as per allegation made in the FIR has received severe burn injury and was undergoing treatment at PMCH at the time of lodging of FIR. Prosecution case in so far as allegation under section 304B IPC is concerned is false as none of the witnesses who have been examined during investigation have supported that there was any demand of dowry.

Learned A.P.P. opposes the prayer for anticipatory bail. Considering the aforesaid submissions, prayer for anticipatory bail is allowed.

In the event of arrest/ surrender within four weeks from the date of receipt of a copy of the order in the court below, petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate 14, Muzaffarpur in Katra P.S. Case no. 81/2019 subject to the condition under section 438(2) Cr.P.C and other conditions.

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

Patna High Court CR. MISC. No.71104 of 2019(3) dt.05-03-2020 3/3

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, her bail will be liable to be cancelled.

(Madhuresh Prasad, J) s.hassan/- U T