IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.822 of 2011
SUSHILA KUNWAR, W/O LATE CHATURBHUJ TIWARY,
RESIDENT OF VILLAGE- JALAL BASANT, P.S.-
GARKHA, DISTRICT SARAN AT CHAPRA.
Versus
STATE OF BIHAR
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2/ 04.02.2011 Heard learned counsels for the
petitioner and the State.
The petitioner being mother-in-
laws is apprehending her arrest in a
case registered under Section 304B,
201/34 of the Indian Penal Code.
It is submitted on behalf of
the learned counsel for the petitioner
that as per the FIR the marriage was
performed in 2002, whereas the alleged
occurrence took place after seven
years of marriage on 13.04.2010, hence
on that score alone the case does not
come within the preview of the offence
under Section 304B IPC. It is
submitted that the victim was
suffering from diarrhoea and she was
2
firstly taken to the local health
center, Garkha and on the way to
P.M.C.H she died. The impugned order
reflects that the kids of the deceased
in para 38 and para 39 of the case
diary have stated that their mother
was ill and was carried to the
hospital for treatment. Moreover, the
I.O has not found any sign of fire at
the place of occurrence, whereas in
the FIR, it is alleged that the victim
was burnt to death. The allegation in
the FIR is general in nature against
all in-laws family.
Considering the fact that the
death has been taken place more than
seven years after the marriage, there
is general allegation against the
petitioner and the bonafide of the
accused side of attempting to provide
medical assistance to the victim, let
the above named petitioner be released
3
on anticipatory bail in the event of
arrest or surrender before the learned
court below within a period of twelve
weeks from today in Connection with
Garkha P.S case No. 83/2010 on
furnishing bail bond of Rs. 10,000/-
(ten thousand) with two sureties of
the like amount each to the
satisfaction of Chief Judicial
Magistrate, Saran at Chapra under the
conditions as laid down under Section
438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J.)
Amremdra/