Kaushalya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12267 of 2020 Arising Out of PS. Case No.-60 Year-2019 Thana- District- Patna ====================================================== 1.

Kaushalya Devi wife of Madan Singh Resident of Village - Kasara, P.S. - Didarganj, District - Patna.

2.

Madan Singh Son of Jidal Singh Resident of Village - Kasara, P.S. - Didarganj, District - Patna.

3.

Priti Devi Wife of Pintu kumar Resident of Mohalla - Anishabad Baiman Tola, P.S. - Beur, District - Patna.

4.

Pintu Kumar Son of Chenga Rai Resident of Mohalla - Anishabad Baiman Tola, P.S. - Beur, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-10-2020 Heard learned counsel for the petitioners and learned APP for the State through video conferencing. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Nadi P.S. Case No.60 of 2019, registered under sections 302 and 34 of the Indian Penal Code. As per allegation in the F.I.R., it is stated by the informant that on returning home she found her husband on the bed, having died. There was a towel wrapped around his neck. Informant states that she is convinced that her sister-in-law

Patna High Court CR. MISC. No.12267 of 2020(40) dt.09-10-2020 2/3 (Gotani) Puja Devi along with her brother have a hand in the same as they had threatened to eliminate the family. Information with respect to the same had been given in the Court. The cause of threat was that Puja Devi was having extra marital relationship with one Subhash Rai who used to visit their home and which was opposed by the informant and her husband. She further states that she was informed by the villagers that petitioner nos.1, 2 and 3 also have a hand in the same. It is submitted by learned counsel for the petitioners that except for an unsubstantiated suspicion raised by the informant against the petitioners, there is no material against them.

Further in course of investigation, the witnesses whose statements have been recorded state that on seeing a gathering, they came to house of the informant and then learnt about the occurrence. It is further submitted that in any case of the matter, the main suspicion raised is against Puja Devi who is already in custody and the petitioners herein happen to be her relative. The petitioners have no criminal antecedent.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and on going through the materials that has come in course of

Patna High Court CR. MISC. No.12267 of 2020(40) dt.09-10-2020 3/3 investigation, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of eight weeks from today and in the event of their arrest or surrender in connection with Nadi P.S. Case No.60 of 2019, they will be enlarged on bail on furnishing bail bond of Rs 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Patna City, subject to the conditions as laid down in section 438(2) of Criminal Procedure Code.

(Partha Sarthy, J) Bibhash/- U T