IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.27956 of 2010
SAVITRI DEVI, WIFE OF JANARDAN KHARWAR
Versus
STATE OF BIHAR
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3. 16.11.2010 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Sections 302 and 34 of the Indian Penal Code.
In the First Information Report the allegation is that
the accused persons committed the murder of the daughter of
the Informant for reasons of dowry. During investigation, some
witnesses stated that in fact, the deceased had died on account
of bursting of Stove. However, the daughter of the deceased
alleged that the petitioner along with other co-accused persons
has sprinkled kerosene oil on the deceased and burn to death.
The counsel for the petitioner submits that in fact, the daughter
was only six years of age who had been brought by the
Informant to give her statement, in all probablity it appears to be
tutored. The submission is that the petitioner was arrested from
the house itself which suggests her innocence.
Considering the same as also that the petitioner is a
lady, let the petitioner above named, be released on bail on
furnishing bail bond of Rs. 5,000/- (Five thousand) with two
sureties of the like amount each or any other surety to be fixed
by the court concerned to the satisfaction of Chief Judicial
Magistrate, Gopalganj, in Kuchaikote P.S. Case No. 98 of 2010
2
subject to the following conditions: (i)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 undertake to furnish information to the Court about
any change in address of the petitioner. (ii)That the bailor shall
also state on affidavit that he will inform the court concerned if
the petitioner is implicated in any other case of similar nature
after his release in the present case and thereafter the court
below will be at liberty to initiate the proceeding for cancellation
of bail on the ground of misuse. (iii)That the petitioner will be
well represented on each date and if he fails to do so on two
consecutive dates, his bail will be liable to be cancelled.
( Anjana Prakash, J.)
S.Ali