IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.40174 of 2010
1. Indu Kumari, S/o Ram Bachan Paswan
2. Bhikhaniya Devi, W/o Ram Bachan Paswan
Both residents of Bhimli Chak, P.S. Deokund, District
Aurangabad, Bihar
VERSUS
The State of Bihar
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2 10.11.2010 Heard learned counsel for the petitioners and
learned counsel for the State.
Petitioners have prayed for anticipatory bail in
a case under Sections 304B and 201 of the IPC on the
ground that the present complaint case was lodged after
inordinate delay of about 1 ½ months for extraneous
reasons when on the date of occurrence itself when the
sister-in-law of petitioner no.1 and daughter-in-law of
petitioner no.2 died due to accidental fire in the house
with her son, a UD case was registered on the
information by father of petitioner no.1, who is husband
of petitioner no.2. The postmortem report confirmed
death of both persons due to burn injuries and the factum
of accidental fire in the house was found correct in
course of investigation into the UD case leading to
submission of final report accordingly.
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It has been submitted that even in the
subsequently filed complaint petition the alleged demand
is only of a cycle and some money when the marriage
had taken place in the year 2005 and admittedly, the
deceased had a son and allegedly she was also having a
pregnancy of 5-6 months.
Considering the submissions and the fact that
petitioners are ladies, the prayer for anticipatory bail is
allowed. In the event of arrest or surrender within six
weeks, petitioners, Indu Kumari and Bhikhaniya Devi,
shall be released on bail on furnishing bail bond of
Rs.10000/- with two sureties of the like amount each to
the satisfaction of SDJM, Daudnagar, Aurangabad in
connection with Complaint Case No.285 of 2009,
Tr.No.3857 of 2010, subject to conditions laid down
under Section 438(2) CrPC.
(Shiva Kirti Singh, J.)
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