Mandodari Devi v. The State of Bihar

.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 2 28-05-2013 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner apprehends arrest in Jamui P.S. Case no. 192 of 2012 for an offence initially registered under section 307 of the Indian Penal Code and later on converted into section 302 of the Indian Penal Code pending before the Chief Judicial Magistrate, Jamui. Petitioner happens to be mother-in-law of the deceased lady who died of extensive burn injury. The prosecution case as is evident and based on lady dying declaration is that the mother-in-law poured kerosene oil on her while she was cooking and burnt. Learned counsel for the petitioner states that this is absolutely false in as much as the father of the victim girl has already disclosed that police had taken signature on blank paper. He has disclosed that his daughter has disclosed to him that she has got burn while cooking. Learned counsel for the petitioner draws attention of the court to the 2 Patna High Court Cr.Misc. No.20061 of 2013 (2) dt.28-05-2013 signature and the date appended to the dying declaration to show that it is apparently not lady’s signature . He has further drawn attention to annexure-3 the admission report of hospital at Kolkata where ultimately the lady died to show that it was the husband who has taken her there and has signed the admission report. He has also annexed annexure-2 the wireless message sent by Kolkata Police to Jamui Police upon lady being admitted tyo M.C. from Shree Vishuddanand Hospital at Kolkata. It also discloses that the lady has disclosed that she has burnt while cooking. Be that as it may, taking into consideration the facts and circumstance of the case, the above named petitioner in the event of arrest of surrender within four weeks from today is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Jamui in the above noted case, subject to the conditions laid down under section 438(2) Cr.P.C. (Navaniti Prasad Singh, J) M.Rahman/-