High Court Patna High Court - Orders

Savitri Devi vs State Of Bihar on 16 November, 2010

Patna High Court – Orders
Savitri Devi vs State Of Bihar on 16 November, 2010
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.27956 of 2010
                       SAVITRI DEVI, WIFE OF JANARDAN KHARWAR
                                            Versus
                                     STATE OF BIHAR
                                          -----------

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