Babita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13581 of 2015 Arising Out of PS.Case No. -169 Year- 2014 Thana -SURYAGARHA District- LAKHISARAI ====================================================== Babita Devi W/o Chunchun Sharma @ Chunchun Singh resident of village - Nandpur, P.S. Surajgarha, District - Lakhisarai .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Parmanand Pd. Nr. Sahi For the Opposite Party/s : Mr. Shailendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-07-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Section 302 and other allied sections of the Indian Penal Code.
The prosecution story, in brief, is that the sister of the informant Anjani Devi was married eight years ago with Bhola Sharma and Bhola Sharma was separate with his brother Chunchun Sharma from before the marriage of Anjani Devi. Bhola Sharma purchased two bigha land from his self earning but his brother always quarreled with Bhola Sharma and Anjani Devi for the partition of the said two bigha land. It is further alleged that the informant in the night of 5.8.2014 was in the sasural house of the victim Anjani Devi.
Patna High Court Cr.Misc. No.13581 of 2015 (3) dt.02-07-2015 2/3 Accused Chunchun Sharma entered in the Varandah of the victim and put pistol upon the informant. The petitioner was also with the accused Chunchun Sharma.The accused persons tied the legs and hands of the informant. It is also alleged the accused persons and other three unknown miscreants entered into the house of the victim and assaulted her. They also strangulated the victim. They killed the victim by strangulation. It is also alleged that the accused persons took away ornaments and cash Rs. 50,000/- of the victim from her house.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Further it is submitted that the petitioner is a lady and Gotni of the deceased. From perusal of FIR it would appear that no specific allegation has been attributed against the petitioner. It is also submitted that the petitioner has falsely been implicated in this case due to land dispute.
On behalf of the State, it has been submitted that the petitioner is named in the FIR.
Considering the aforesaid facts, let the above named petitioner, in the event of her arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the
Patna High Court Cr.Misc. No.13581 of 2015 (3) dt.02-07-2015 3/3 like amount each to the satisfaction of learned C.J.M.,Lakhisarai in connection with Surajgarha P.S.Case No. 169 of 2014, subject to the conditions as laid down u/s 438(2) Cr.P.C. (Sudhir Singh, J) singh/- U T