Patna High CourtCR. MISC./81765/2019rejected

Phooleswari Devi v. The State Of Bihar

2019-12-11Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81765 of 2019 Arising Out of PS. Case No.-57 Year-2019 Thana- TARABARI District- Araria ====================================================== Phooleswari Devi W/O Domri Yadav @ Domar Lal Yadav R/o villageSharanpur (Matnaza), Ward No. 04, P.S.- Tarabari, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of bail in a case registered for the offence under sections 341,323,326,504,506 and 34 of the Indian Penal Code. As per the allegation in the FIR, while the wife of the informant along with her one year old 'Nati' (daughter's son) were sitting, it is stated that the petitioner came and poured very hot water as a result of which they sustained burn injuries. It is submitted by learned counsel for the petitioner that there is no eye-witness to the occurrence, the allegations are false and concocted and the petitioner on rejection of anticipatory bail surrendered within the time fixed by the Court. It is further submitted that the petitioner is in custody since

Patna High Court CR. MISC. No.81765 of 2019(2) dt.11-12-2019 2/2 18.10.2019 and has no criminal antecedent.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation, the Court is not inclined to enlarge the petitioner on bail as it transpires that both the wife of the informant as also the child has sustained 80 % burn injuries and as such the petitioner's application for bail is rejected.

However, if so advised, the petitioner may renew her prayer for bail on completing six months in custody. (Partha Sarthy, J) Prakash/- U