Pinki Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17977 of 2022 Arising Out of PS. Case No.-222 Year-2021 Thana- BAHERA District- Darbhanga ====================================================== 1.
PINKI DEVI Wife of Shyam Paswan 2.
Punam Devi Wife of Madan Paswan 3.
Kamali Devi Wife of Shibu Paswan All R/V- Antaur, P.S.- Bahera, District - Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through the virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and are women. The informant alleges that he received information that his father Dilip Paswan along with other family members including the petitioners killed his mother and, accordingly, he reached the place of occurrence where he saw that the room was
Patna High Court CR. MISC. No.17977 of 2022(2) dt.23-09-2022 2/3 cleaned with soil and a tangi was also kept there. It is further alleged that the sisters of the informant disclosed that all the accused persons in the night had killed their mother and the mother of Dilip Paswan cleaned the flour and in the morning the dead body was disposed of.
Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is further submitted that informant is not an eye witness to the occurrence nor the sisters of the informant had instituted the present FIR. It is next submitted that the informant along with his sister Jyoti Kumari, witness Neela Devi and Runa Devi filed an affidavit on 04.01.2022 wherein the informant stated that only his father Dilip Paswan had committed the occurrence. It is also submitted that the statement of Dilip Paswan was recorded by the police wherein he has stated that he had killed his wife as she was in relationship with her father-in-law i.e. father of Dilip Paswan which he had seen. Further Dilip Paswan intended to kill his father but he fled away. Learned counsel thus submits that it appears that the informant in haste instituted the present case. It is further submitted that petitioner no. 3 is mother of Dilip Paswan and petitioners no. 2 and 3 are his sisters-in-law. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.17977 of 2022(2) dt.23-09-2022 3/3 anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five 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 Bahera P.S. Case No. 222 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T