Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25516 of 2011 ====================================================== Atarbasi Devi Wife of Deomuni Singh, R.O village Bharkhar, P.S.Mohania, District- Kaimur (Bhabhua). .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Nandan Sahay, Advocate For the Opposite Party/s : Mrs. Pushpa Siina, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 4. 12-03-2012. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Mohania P.S.Case No.25 of 2009 for offence punishable under [STATUTE] and section 3/4 of the Dowry Prohibition Act. Consequent upon the death of the informant [STATUTE] was added to the set of allegations. The petitioner happens to the mother-in-law. Learned counsel for the petitioner, with reference to the allegation made in the F.I.R, submits that the informant who subsequently deceased, has in a general manner, charged all the accused including this petitioner of pouring kerosene oil and of setting her on fire. It is stated that during the course of Patna High Court Cr.Misc. No.25516 of 2011 (4) dt.12-03-2012 2 investigation, the independent witnesses, whose statements have been recorded in paragraph nos.17and 18 of the case diary, have stated that the husband of the deceased used to physically abuse her and there were altercations with this petitioner. The witnesses have also stated that following the altercations, the deceased set herself on fire and for which she was taken to the local hospital with the help of the local villagers but she, after recording her fardbeyan, succumbed to burn injuries. Learned counsel for the petitioner, with reference to the medical prescription placed at Annexure-2 of the application, submits that the deceased was not of a sound mind and that the action was taken by her in fit of anger. Learned counsel submits that in the aforesaid circumstances, the petitioner is in custody since 4.4.2011. Regard being had to the submissions of learned counsel and the materials on record, let the petitioner Atarbasi Devi be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhabhua (Kaimur) in connection with Mohania P.S.Case No.25 of 2009, subject to the condition that the petitioner shall ensure her representation before the court below on each and every date fixed in the case Patna High Court Cr.Misc. No.25516 of 2011 (4) dt.12-03-2012 3 and the failure on the part of the petitioner to ensure her representation before the court below on two consecutive dates fixed in the case without reasonable explanation to the satisfaction of the court below, would entitle the court concerned to cancel the bail bonds of the petitioner and to take her into custody. ahk/- (Jyoti Saran, J)

Applicable IPC Section: 498A

Statute Text:
Section 498A of the Indian Penal Code. Punishment for subjecting a married woman to Cruelty. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.