Sarojni Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15220 of 2018 Arising Out of PS.Case No. -265 Year- 2016 Thana -JAMUI District- JAMUI ======================================================

1. Sarojni Devi, W/o Sri Fakira Saw,

2. Rupam Devi W/o Sri Dinesh Saw, Both R/o Village- Khairma, P.S. + District- Jamui and present residing in rental house of Sri Janardhan Mandal at Mohalla- Shivampuri, P.S.+District- Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prakash Mahto For the Opposite Party/s : Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-04-2018 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.

The petitioners want to renew their prayer for prearrest bail which was earlier rejected by order dated 21.12.2016 passed in Cr. Misc. No. 54122 of 2016, on the ground that prayer for pre-arrest bail of father-in -law and Devar have been allowed by order dated 30.06.2017 passed in Cr. Misc. No. 14413 of 2017 after perusal of the case diary and considering the statements of the witnesses recorded vide paragraphs- 11, 12 and 20 wherein they have stated regarding innocence of the petitioners, only husband of the informant and brother have supported the prosecution version, admittedly there is dispute for partitioning the

Patna High Court Cr.Misc. No.15220 of 2018 (3) dt.25-04-2018 2/2 house, the witnesses during investigation have stated that the informant either burnt herself or she was burnt accidentally and as such the petitioners deserve sympathetic consideration. The learned A.P.P. fairly submits that after perusal of the case diary the order dated 30.06.2017 was passed allowing pre-arrest bail of father-in-law and Devar.

In the facts and circumstances stated above, as father-in-law, against whom there is allegation to burn the informant with matches, has also been allowed pre-arrest bail and as such on that ground the petitioners are also allowed pre-arrest bail and they in case of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M, Jamui in connection with the aforementioned case, subject to the conditions as laid down under section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T