Nitu Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13078 of 2024 Arising Out of PS. Case No.-718 Year-2023 Thana- AMARPUR District- Banka ====================================================== 1.
Nitu Devi W/O MUKESH TANTI R/O VILLAGE- DOMODIH, P.S.- FULLIDUMAR, DISTRICT- BANKA 2.
NIBHA KUMARI D/O SURESH TANTI R/O VILLAGE- DOMODIH, P.S.- FULLIDUMAR, DISTRICT- BANKA 3.
BIBHA KUMARI W/O CHANDAN KUMR R/O VILLAGERAMCHANDRAPUR, P.S.- AMARPUR, DISTRICT- BANKA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjay Pandey For the Opposite Party/s :
Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-03-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 302, 201 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and are women and have been falsely implicated in the instant case by the informant. It is further submitted that petitioner no.1 is sister-inlaw (Gotni) and petitioner no.2 and 3 are unmarried sister-inlaw's (Nanad) of the deceased. It is further submitted that the
Patna High Court CR. MISC. No.13078 of 2024(2) dt.21-03-2024 2/3 informant alleges that he was informed by Suresh Tanti that his daughter has fallen in the well, accordingly, he reached the place of occurrence and saw the dead body of his daughter lying in the well. Thus, alleged that the accused persons including the petitioners were instrumental in killing the deceased. It is next submitted that the husband of the deceased is not an accused in the present case, which amply demonstrates that the informant for ulterior reason has instituted the instant case implicating the entire family members of the husband of the deceased, leaving him for reason best known.
It is further submitted that it absolutely does not stand to reason that had the petitioners been involved in the occurrence along with other accused persons then the father-in-law of the deceased would not have informed the informant about the death of the victim rather would have made endeavours to dispose of the dead body. It is also submitted that the instant case has been instituted only with a view to coerce the family members of the husband of the deceased into submission so that they part with the property in favour of the husband of the deceased.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
Patna High Court CR. MISC. No.13078 of 2024(2) dt.21-03-2024 3/3 counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Amarpur (Fullydumar) P.S. Case No.718/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) amit/- U T