Shanti Devi Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29643 of 2021 Arising Out of PS. Case No.-350 Year-2020 Thana- PIPRA District- East Champaran ====================================================== SHANTI DEVI KUNWAR W/o Late Vishwanath Chudhary Resident of Village - Sitalpatti, P.S.- Pipra, Distt.- East Champaran, Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rohit Kumar Sharma For the Opposite Party/s :

Mr.Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-07-2022 Heard learned counsel for the parties.

The petitioner apprehends her arrest in a case registered for the offence under Sections 302, 201/34 and 120B of the Indian Penal Code.

As per the prosecution case, daughter of the informant was married with Munna Choudhary 12 years ago. The informant's daughter was issueless and therefore, she had taken one boy from the hospital and used to maintain him. Due to this reason, the petitioner, who is mother-in-law of deceased, and coaccused Kalawati Devi (Nanad) started committing torture with the informant's daughter and on 24.11.2020, this petitioner and co-accused Kalawati Devi committed the murder of informant's daughter. After death of informant's daughter, her adopted son informed the informant about death of deceased and when the

Patna High Court CR. MISC. No.29643 of 2021(4) dt.18-07-2022 2/2 informant and her husband went to in-laws house of their daughter, the house was locked and family members were absconding and during search, the dead-body of daughter of informant was found lying in a field.

It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case. Informant is not eyewitness of the occurrence. Petitioner, who is an old lady, lives separately and has got no concern with the family affairs of deceased.

However, learned A.P.P. for the State opposed the prayer for anticipatory bail and submitted that there is specific allegation against this petitioner and co-accused Kalawati Devi of committing murder of deceased and her dead-body was found in a field near the pond and there is no explanation as to how the dead-body of deceased was found there.

Considering the fact that there is specific accusation against this petitioner and the circumstances in which the deadbody was found near the pond, the prayer for anticipatory bail of petitioner is rejected.

(Prabhat Kumar Singh, J) anay/- U T