Patna High Court - Orders
Savita Devi vs The State Of Bihar on 20 December, 2016
Author: Prabhat Kumar Jha
Bench: Prabhat Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45724 of 2016
Arising Out of PS.Case No. -9 Year- 2016 Thana -NOORSARAI District- NALANDA
(BIHARSHARIFF)
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Savita Devi wife of Bale Paswan resident of Village- Nadiauna, P.S.-
Noorsarai, District- Nalanda.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Sr. Adv.
For the Opposite Party/s : Mr. B.N. Pandey, APP
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR
JHA
ORAL ORDER
3 20-12-2016Heard both sides.
The petitioner apprehends her arrest in Noorsarai P.S. Case No. 09/2016, registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.
The informant alleged that his sister was drying cloths on the roof, but water from the wet cloths fell on the road that is why some altercation took place between Bale Paswan, Babu Sharan Paswan and wife of Bale Paswan. They all assaulted his sister and ignited fire after sprinkling kerosene oil. His sister died on way to the P.M.C.H. Mr A. K. Thakur, learned senior counsel for the petitioner submits that of course, at the initial stage of Patna High Court Cr.Misc. No.45724 of 2016 (3) dt.20-12-2016 2/2 investigation, 02 to 03 witnesses have supported the case of prosecution, but thereafter, independent witnesses have stated that the deceased was living in her Naihar, as she was not pulling well with her husband. Some alteration took place and the deceased set herself ablaze, out of depression and frustration. The police after investigation submitted charge-sheet under Section 306 and 34 of the Indian Penal Code.
It appears that informant alleged that petitioner and other persons sprinkled kerosene oil and ignited fire. The mother and daughter of the deceased are the eye-witnesses of the occurrence and they have stated that the petitioner and other two accused persons sprinkled kerosene oil and ignited fire, causing burn injury to the deceased. Regular bail of Bale Paswan husband of the petitioner has already been rejected.
Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J.) Vinita/-
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