Asha Devi @ Asho Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9038 of 2020 Arising Out of PS. Case No.-596 Year-2019 Thana- KAHALGAON District- Bhagalpur ====================================================== ASHA DEVI @ ASHO DEVI D/o Sri Suresh Mandal, W/o Mithlesh Kumar R/o village- Pannuchak, P.S.- Ghogha, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-12-2021 Heard Mr. Ranjan Kumar Jha, learned Advocate for the petitioner and Mr. Mohammed Arif, learned APP for the State.

The petitioner seeks bail in anticipation of her arrest in connection with Kahalgaon (Ghogha) P.S. Case No. 596 of 2019 dated 05.09.2019 instituted for the offences under Sections 302, 506/34 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act. The petitioner is said to be the first wife of one Mithilesh Mandal, who is alleged to have contracted another marriage with one Chanda Devi. The petitioner has been constantly threatening Chanda Devi of dire consequences in case she continued to live with Mithilesh Mandal as his wife.

On the occasion of Teej festival, the elder sister

Patna High Court CR. MISC. No.9038 of 2020(3) dt.06-12-2021 2/3 of Chanda Devi is said to have been killed by the petitioner and others.

The learned counsel for the petitioner has submitted that there is no eye witness to the occurrence nor is there any evidence in the investigation papers to even remotely connect the petitioner with the death of the deceased.

The deceased has received a gun-shot injury which proved fatal.

Nonetheless in the absence of any other evidence except suspicion, the petitioner cannot be made to suffer incarceration.

Apart from this, it has been submitted that if at all the petitioner had any enmity with anyone, it was Chanda Devi, who had married her husband. There does not appear to be any justification of the petitioner killing the elder sister of Chanda Devi.

Be that as it may, in the absence of any cogent evidence in support of the allegation and taking into account the gender of the petitioner, she is directed to be released on bail, in the event of her arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on her furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.9038 of 2020(3) dt.06-12-2021 3/3 amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Kahalgaon (Ghogha) P.S. Case No. 596 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T