Shushila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14679 of 2020 Arising Out of PS. Case No.-54 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== SHUSHILA DEVI Wife of Sunil Yadav Resident of Village- Paradhipar, P.S.- Makhdumpur in the District of Jehanabad.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar, Adv.

For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-09-2020 Heard the learned counsel for the petitioner and Ms. Anita Kumari Singh, the learned APP for the State.

This is an application for grant of anticipatory bail in connection with Jehanabad P.S. Case No. 54 of 2019 registered for the offence punishable under Sections 302, 201 and 120(B)/34 of the Indian Penal Code.

The allegation is regarding the petitioner having developed illicit relation with the husband of the informant and on protest, her husband is stated to have been killed by the accused persons, thereafter, his dead body was thrown on the

Patna High Court CR. MISC. No.14679 of 2020(4) dt.09-09-2020 2/3 railway track.

The learned counsel for the petitioner has submitted that the petitioner is innocent, she has been falsely implicated in the present case and she is having a clean antecedent. It is further submitted that except suspicion, there is no material on record so as to implicate the petitioner in the alleged crime.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also taking into account the materials available in the case diary from which it appears that there is minuscule evidence qua the petitioner herein, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail, however, subject to certain conditions.

Accordingly, the petitioner is directed to be enlarged on anticipatory bail, in the event of her arrest or surrender before the court below within a

Patna High Court CR. MISC. No.14679 of 2020(4) dt.09-09-2020 3/3 period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P.S.Case No. 54 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

It is further directed that the petitioner would mark her attendance before the Officer-in-Charge of the concerned police station at 10:00 am. on each Monday of the week and in the event of two consecutive defaults, the present privilege of the anticipatory bail shall stand cancelled automatically.

(Mohit Kumar Shah, J) Ajay/- U T