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Patna High CourtCR. MISC./39649/2018dismissed

Sunaina Devi v. The State Of Bihar

2018-07-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39649 of 2018 Arising Out of PS.Case No. -589 Year- 2016 Thana -MANER District- PATNA ======================================================

1. Sunaina Devi W/o Rajeshwar Rai, R/o Vill.- Jirakhan Tola (Gauraiya Asthan), P.S.- Maner, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Sections 498A, 304(B), 201/34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture and causing death to the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses against the petitioner. The petitioner is mother-in-law of the deceased. She is separate in mess and property from husband of the deceased. No specific overt act

Patna High Court Cr.Misc. No.39649 of 2018 (2) dt.09-07-2018 has been attributed against the petitioner.

On behalf of the State and counsel for the informant, it is submitted that the petitioner is named in the Complaint Case/F.I.R. It is further submitted that the informant died along with her three daughters in her matrimonial house by sustaining burn injuries.

Considering the nature of accusation, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, anticipatory bail application of the petitioner filed in connection with Maner P.S. Case No. 589 of 2016 corresponding to Sessions Trial No. 142 of 2018 is rejected.

Anyhow, if the petitioner surrenders in the Court below and seeks regular bail, the same shall be considered on its own merit without being prejudiced by this order. (Sudhir Singh, J) A.K.V./- U T