Ahiliya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26302 of 2020 Arising Out of PS. Case No.-2 Year-2020 Thana- BARAUNI District- Begusarai ====================================================== AHILIYA DEVI Wife of Sukhdev Sah Resident of Village - Ninga, P.S.- Barauni, District - Begusarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Sevak Choudhary For the Opposite Party/s :

Mr.A. L. Pandit For the informant :

Mr. Suman Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-12-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

This application, for grant of anticipatory bail, arises out of Barauni Police Station Case No. 02 of 2020, registered for the offences punishable under Sections 302/120-B of the Indian Penal Code and Section 27 of the Arms Act. The allegation, as per the First Information Report, is that the nephew (Bhagina) of the informant was having love affairs with the daughter of the petitioner and the petitioner and other accused persons had threatened the nephew of the informant that they would kill him and on 31.12.2019, when the nephew of the informant had gone to market, he did not return

Patna High Court CR. MISC. No.26302 of 2020(2) dt.03-12-2020 2/3 and on the next day, his dead body was found riddled with bullets on his chest.

Learned Counsel for the petitioner submits that the petitioner along with entire family members have been falsely implicated in this case inasmuch as from perusal of the First Information Report, it would be evident that there was love affairs between the daughter of the petitioner and the nephew of the informant, but subsequently, the daughter of the petitioner was married with some other boy and as such there was no occasion for the petitioner and her family members to threaten and kill the nephew of the informant. He further submits that there is no eye-witness to the occurrence and no overt act has been attributed to the petitioner in the First Information Report. He further submits that in course of investigation, no cogent material has come against the petitioner and the petitioner is a lady member of the family and the husband of the petitioner has been granted regular bail by this Court, vide order passed in Criminal Misc. No. 22621 of 2020.

After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the petitioner is a lady, I am inclined to grant the petitioner privilege of anticipatory bail.

Patna High Court CR. MISC. No.26302 of 2020(2) dt.03-12-2020 3/3 This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, in the event of her arrest or surrender before the Court below within six weeks from today, 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 Chief Judicial Magistrate, Begusarai, in connection with Barauni Police Station Case No. 02 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √