IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.39762 of 2010
MANTI DEVI @ MALTI DEVI W/O SINGHASHAN DAS R/O VILLAGE
KOTHIA NARAON KA TOLA, P.S. AWATAR NAGAR, DISTT. SARAN
AT CHAPRA.
Versus
THE STATE OF BIHAR
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2. 14.12.2010. Heard Shri Dewendra Narayan Singh,
learned counsel for the petitioner and Shri
Umesh Lal Verma, learned Additional Public
Prosecutor.
The petitioner, who is in custody in
Awatar Nagar P.S. Case No.9 of 2009 for the
offence under Sections 498A, 304B/34 of the
Indian Penal Code, has prayed for grant of
bail.
It was submitted by learned counsel
for the petitioner that daughter-in-law of
the petitioner received burn injury, while
she was cooking food. Thereafter, she was
carried to hospital where the informant also
arrived. However, the injured died on the
same day i.e. 22.2.2008. Subsequently, she
was cremated in presence of the informant of
the present case. Initially, U.D. case was
got registered. However, after lapse of more
than seven days, a complaint vide Complaint
Case No.585 of 2008 was filed in the court of
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Chief Judicial Magistrate, Chapra, Saran with
a concocted story that due to non fulfillment
of demand of dowry, daughter of informant was
put on fire and she died. The learned
Magistrate, after filing the complaint,
transferred the same to the police for its
registration and investigation under Section
156(3) of the Code of Criminal Procedure.
After lapse of almost 11 months, the present
F.I.R. vide Awatar Nagar P.S. Case No.9 of
2009 was registered for the offence under
Sections 498, 304B and 34 of the Indian Penal
Code. Learned counsel for the petitioner
submits that vide Annexure-2 to the petition,
husband of the petitioner, who was father-in-
law of the deceased, was extended the
privilege of anticipatory bail. It was
submitted that petitioner is in custody since
28.6.2010 and she is an old lady aged about
70 years.
Learned Additional Public Prosecutor
has opposed the prayer for bail.
In view of the fact that even the
complaint was filed at delayed stage and
thereafter, expiry of about 11 months, F.I.R.
was lodged, the court is of the opinion that
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the petitioner deserves to be extended the
privilege of bail.
Let the petitioner above named be
enlarged on bail on his furnishing bond of
Rs.10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction
of C.J.M., Saran at Chapra in Awatar Nagar
P.S. Case No.9 of 2009.
( Rakesh Kumar,J.)
N.H./