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Patna High CourtCR. MISC./7607/2020bail rejected

Fuljhari Devi @ Fulmati Devi @ Fulpati Devi v. The State Of Bihar

2020-07-08Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7607 of 2020 Arising Out of PS. Case No.-420 Year-2018 Thana- MADHAURAH District- Saran ====================================================== FULJHARI DEVI @ FULMATI DEVI @ FULPATI DEVI Wife of Rameshwar Rai Residence of Village-Silhauri, P.S.-Marhowrah, DistrictSaran at Chapra. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kumari, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 08-07-2020 As of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through Video Conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.

Heard learned Counsel for the petitioner and the learned Counsel for the State.

Petitioner apprehends arrest in Madhowrah PS Case No. 420 of 2018 registered under Sections 302, 201 and 120(B) of the IPC.

The prosecution case is based on recovery of dead body of a woman lying near the railway track. The spy has identified the body as being of Baijanti Devi. During investigation it has come that the victim's husband Upendra Rai was having illicit relation with the petitioner and on that basis husband of the victim and the instant petitioner have been implicated in this case. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.7607 of 2020(2) dt.08-07-2020 2/2 petitioner is not named and other than allegation of illicit relationship with husband of the victim there is nothing against the petitioner. Learned APP for the State has drawn attention of the court towards the order passed by the court below, after going through the case diary. The same has recorded that the witnesses have supported the factum of illicit relation and that the brother-in-law of the informant (petitioner's husband) had abused him on enquiry being made for the illicit relationship.

During investigation witnesses have supported the case against the petitioner and in the circumstances having regard to the seriousness of the allegation this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The prayer is rejected.

(Madhuresh Prasad, J) SNkumar/- U T