Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15480 of 2020 Arising Out of PS. Case No.-288 Year-2019 Thana- BAUNSI District- Banka ====================================================== BABITA DEVI, aged 30 years, Female, Wife of Late Anil Yadav, Resident of Village - Bishanpur, P.O. and P.S.- Bounsi, District - Banka. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Nirbhay Kumar Singh, Advocate.

For the Opposite Party :

Mr.Md. Mushtaque Alam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Section 306 of the IPC.

The prosecution story, in brief, is that the informant Gunja Kumari aged about 15 years, daughter of the deceased, filed an F.I.R. alleging therein that on 21.11.2019 at about 1.30 P.M. she got information that her father Anil Yadav hang himself in his house and subsequently, he died. On this information, she reached there and saw that the dead body of her father was hanging through plastic rope. She has also got information that there were quarreling since three to four days between her father and her step-mother and there was also some hassle between both before such occurrence. She has further

Patna High Court CR. MISC. No.15480 of 2020(2) dt.03-03-2020 2/2 alleged that after his incident, she was trying to flee after locking the door of the house but villager caught her. The informant has claimed that her step mother incited her father to commit suicide.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 07.12.2019. The petitioner has got no criminal antecedent. She has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The deceased is said to have committed suicide himself. There is no substantive evidence to suggest that the petitioner is abettor. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Banka, in connection with Bounsi P.S. Case No. 288 of 2019. (Sudhir Singh, J) U.K./- U T