Jyoti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23674 of 2021 Arising Out of PS. Case No.-231 Year-2019 Thana- BACHHWARA District- Begusarai ====================================================== JYOTI DEVI W/O VIMAL RAY R/O VILLAGE BAHRAMPUR, POLICE STATION BACHHWARA, DISTRICT BEGUSARAI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :
Mr. Ram Naresh Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that his sister was married with one Vimal Rai in the year 2008 and Vimal along with his family members used to torture his sister for dowry and Vimal had illicit relation with one Jyoti Devi (petitioner) with whom he solemnized marriage on 12.12.2019. It is next alleged that his sister was killed by hanging and her dead body was thrown in the water, accordingly the informant on receiving information went to the place of
Patna High Court CR. MISC. No.23674 of 2021(5) dt.20-06-2022 2/3 occurrence and saw the dead body of his sister which was taken out from a well by the police.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and the petitioner herself was not aware that Vimal was married from before, it is next submitted that from perusal of the allegation as alleged in the F.I.R. it would manifest that the allegations against the petitioner are general and omnibus in nature. It is next submitted that the deceased committed suicide by jumping in the well when Vimal performed second marriage. Learned counsel further submits that from the postmortem report also it becomes clear that the cause of death is said to be asphyxia caused due to drowning as such allegation that the deceased was killed and thrown in the well stands belied. It is next submitted that husband of the deceased is in custody.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner and taking into consideration the postmortem report of the deceased, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on
Patna High Court CR. MISC. No.23674 of 2021(5) dt.20-06-2022 3/3 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 the learned court below where the case is pending/successor court in connection with Bacchwara P.S. Case No. 231 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T