Kisun Devi @ Kishun Devi @ Kushmi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 11801 of 2020 Arising Out of PS. Case No.-173 Year-2019 Thana- Barachatti District- Gaya ====================================================== Kisun Devi @ ishun Devi, aged about 50 years, female, wife of Late Ram Lakhan Saw, resident of Village Sarwan Bazar, P.S. Barachatty, Distt Gaya presently residing at Devi Mandir Road Sasaram, P.S. Sasaram, Distt. Rohtas. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Rajni Kant Jha, Adv.
For the Opposite Party/s :
Md. Zainul Abedin, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE P ARTHA SARTHY ORAL ORDER 23-09-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending her arrest in connection with Barachatty P.S. Case No. 173 of 2019 registered under sections 302, 498A, 494, 328 and 34 of the Indian Penal Code. As per allegation in the FIR, the accused persons including the husband of the deceased as also her mother-in-law, the petitioner herein physically and mentally tortured the sister of the informant as a result of which she consumed poison and died. It is submitted by learned counsel for the petitioner that the petitioner happens to be the old mother-in-law of the deceased. There is no specific allegation against her. It is further submitted that in course of investigation, the witnesses have
Patna High Court CR. MISC. No.11801 of 2020(4) dt.23-09-2020 2/3 supported the case of her innocence and have categorically stated that in case of differences between the husband and the wife, she always made an attempt to patch up and settle the differences. The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner, the material that has transpired in course of investigation and the petitioner having no criminal antecedent, the Court is inclined to enlarge the petitioner on anticipatory bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of her arrest or surrender in connection with Barachatty P.S. Case No. 173 of 2019, she shall be enlarged on bail on furnishing bail bond of Rs. 10,000/ (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati, Gaya subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Partha Sarthy, J) Sushma/- U T
Patna High Court CR. MISC. No.11801 of 2020(4) dt.23-09-2020 3/3