Durgawati Devi @ Durga Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30971 of 2021 Arising Out of PS. Case No.-143 Year-2019 Thana- DEHRI TOWN District- Rohtas ====================================================== DURGAWATI DEVI @ DURGA DEVI W/O DHANANJAY KUMAR @ DHANJI SHAH, RESIDENT OF VILLAGE- HURKA, P.S. TILAUTHU, DISTRICT- ROHTAS ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Anshuman For the Opposite Party/s :
Mr. Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-12-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Dehri (Dalmia Nagar) Police Station Case No. 143 of 2019, registered for the offences punishable under Section 302/120B/34 of the Indian Penal Code. The prosecution case, as per the First Information Report, is that the marriage of the daughter of the informant, namely, Sangeeta Devi, was solemnized about twenty years back with Moti Lal Sah. It has been alleged that the daughter of the informant came to know that his husband was having illicit relationship with his sister-in-law (Bhabhi) and when she protested, all the accused persons, including the petitioner, has
Patna High Court CR. MISC. No.30971 of 2021(2) dt.10-12-2021 2/3 committed murder of the daughter of the informant. Learned Counsel for the petitioner submits that the petitioner is the married sister-in-law (nanad) of the deceased and resides with nandoi Ram Pravesh Sah, who has also been made accused in this case and said Pram Pravesh Sah, along with his wife, Leela Devi, has been granted anticipatory bail by this Court, vide order, dated 02.12.2019, passed in Criminal Misc. No. 76032 of 2019. He further submits that the father-inlaw and mother-in-law of the deceased has also been granted anticipatory bail by this Court, vide order, dated 26.06.2020, passed in Criminal Misc. No. 8228 of 2019. He next submits that the petitioner is in custody since 25.01.2021 and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.
Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that similarly situated co-accused persons have been granted anticipatory bail by this Court, charge sheet has already been submitted and the petitioner is in custody since 25.01.2021, I am inclined to grant regular bail to the petitioner.
Patna High Court CR. MISC. No.30971 of 2021(2) dt.10-12-2021 3/3 This application is, accordingly, allowed.
Let the petitioner, Durgawati Devi @ Durga Devi, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Dehri (Rohtas), in connection with Dehri (Dalmia Nagar) Police Station Case No. 143 of 2019.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √