Vibha Devi @ Bibha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16909 of 2020 Arising Out of PS. Case No.-106 Year-2019 Thana- TISIAUTA District- Vaishali ====================================================== 1.

VIBHA DEVI @ BIBHA DEVI Wife of Navin Choudhary @ Navin Kumar Choudhary Resident of Village - Sahpur, P.S.- Tisiauta, Distt - Vaishali. 2.

Navin Choudhary @ Navin Kumar Choudhary Son of Late Brinda Choudhary Resident of Village - Sahpur, P.S.- Tisiauta, Distt - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2, Adv.

For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-09-2020 Heard the learned counsel for the petitioners and Sri Nagendra Kumar Singh, the learned APP for the State.

This is an application for grant of anticipatory bail in connection with Tisiauta P.S. Case No. 106 of 2019 registered for the offence punishable under Sections 304(B) and 34 of the Indian Penal Code. The allegation is regarding the accused persons including the petitioners, who are stated to be the mother-in-law and father-in-law of the deceased victim lady, of having tortured the daughter of the informant and committed her

Patna High Court CR. MISC. No.16909 of 2020(3) dt.10-09-2020 2/3 murder.

The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case and they are having a clean antecedent. It is further submitted that the husband of the petitioner is in custody, hence, no prejudice would be caused to the prosecution in case, bail is granted to the petitioners herein.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the fact that the husband of the deceased victim lady is in custody, I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail.

Accordingly, the petitioners are directed to be enlarged on anticipatory bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of

Patna High Court CR. MISC. No.16909 of 2020(3) dt.10-09-2020 3/3 receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Tisiauta P.S.Case No. 106 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) Ajay/- U T