Shrimati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15405 of 2017 Arising Out of PS.Case No. -217 Year- 2015 Thana -EKANGARSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Shrimati Devi, W/o Kanhaiya Lal, R/o village - Ekangar Dih, P.S. Ekangar Sarai, District - Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate. For the Opposite Party/s : Mr. Chaubey Jawahar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-06-2017 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends her arrest in Ekangar Sarai P. S. Case No. 217 of 2015 registered for the offences under Sections 302, 201, 420, 120B and 34 of the Indian Penal Code. The petitioner is alleged to have committed murder of her husband after hatching conspiracy with other accused persons in order to grab his property.

It is submitted by learned counsel for the petitioner that the petitioner happens to be a lady. She has got no criminal antecedent. She has no complicity in the alleged occurrence rather she has been falsely implicated in the case. There is no

Patna High Court Cr.Misc. No.15405 of 2017 (2) dt.12-06-2017 2/2 evidence to show the complicity of the petitioner in the alleged occurrence. The husband of the petitioner was suffering from Epilepsy and he was mentally depressed and used to leave home unnoticed to the family members and now he is traceless for sometime. Co-accused Chunnu Kumar has been enlarged on bail vide order dated 24.05.2017 passed in Cr. Misc. No. 21606 of 2017 by a co-ordinate bench of this Court. The allegation levelled against the petitioner is not specific rather omnibus. Considering the facts aforesaid, the above named petitioner, in the event of her arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.

10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Hilsa, Nalanda in Ekangar Sarai P. S. Case No. 217 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prakash Chandra Jaiswal, J) Mishra/- U T