Nandani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9759 of 2019 Arising Out of PS. Case No.-364 Year-2015 Thana- MAJHAULIA District- West Champaran ====================================================== Nandani Devi, aged about 27 years, Gender- Female, Wife of Vinod Sah Resident of Village- Basra, P.S. Majhaulia, District- West Champaran. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr. Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-02-2019 Heard learned Counsel for the petitioner and learned APP for the State.

The petitioner, being sister-in-law of the victim, is apprehending arrest in a case registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.

The prosecution case as per the written report of Tekbahadur Sah submitted to SHO, Majhaulia Police Station is to the effect that the daughter of the informant was married with Pramod Sah, 13 years prior to the lodging of the present case. Subsequently, they were blessed with three daughters and two sons. But, prior to her death, in-law's family members used to torture and assault the daughter of the informant. On 14.07.2015 at about 6.00 P.M., the son-in-law of the informant informed

Patna High Court Cr.Misc. No.9759 of 2019(2) dt.19-02-2019 2/3 him about the killing of her daughter by his family members, thereafter the informant went to the in-law's house of the daughter and came to know that his daughter has been killed and her dead body has been disposed of.

It is submitted by learned counsel for the petitioner that the accusation is of omnibus and general nature and petitioner is a lady. It is further submitted that the husband of the victim has not been made accused and there is no eye witness to the occurrence. A statement has been made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by learned APP for the State that the petitioner is named in the FIR and there is specific accusation against the petitioner.

Considering the fact that the accusation is omnibus and general nature and there is no eye witness to the occurrence, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court Cr.Misc. No.9759 of 2019(2) dt.19-02-2019 3/3 amount each to the satisfaction of the learned CJM, West Champaran, Bettiah, in connection with Manjhaulia P.S. Case No. 364 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T