Sahajee Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52544 of 2015 Arising Out of PS.Case No. -56 Year- 2014 Thana -JALE District- DARBHANGA ====================================================== Sahajee Devi .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Surendra Kumar Mishra For the Opposite Party/s : Mr. Ashok Kumar Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 27-11-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Jalley P.S. Case No. 56/2014 registered for offences punishable under Sections 302,201 and 120B of the Indian Penal Code. The prosecution case is that one Indra Kishore Rai, Chaukidar gave his fardbeyan on 19.05.2014 before Sub Inspector-cum- S.H.O., Jalley P.S. that some persons assembled near the bridge on 19.05.2014 and when the informant rushed there, he found a dead body of young girl lying near Pakki road. Blood was oozing out from her nose and face was swelled and black. She wore red and green colour Salwar suit. The informant suspected that after murder, the dead body of deceased had been thrown there.
Patna High Court Cr.Misc. No.52544 of 2015 (2) dt.27-11-2015 2/3 It has been submitted by the learned counsel for the petitioner that initially the F.I.R. was lodged against unknown but during investigation, it was found that the victim was one Ranju Devi, daughter-in-law of the petitioner, married with her elder son in the year 2011 but she did not want to live in her sasural and on 14.05.2014 in night she left her sasural alongwith her minor daughter for which a complaint case had been lodged by the husband of the victim bearing Complaint Case No. 751/2014, which was sent to the concerned Police station for investigation and registration, thereafter Jalley P. S. Case No. 73/2014 was registered.
Furthermore, it has been submitted by the learned counsel for the petitioner that Ranju Devi along with her daughter are living else where and recovered dead body, is not of the victim Ranju Devi, petitioner's daughter-in-law. It has also been submitted that none of the family members of her daughter-in-law have filed a complaint against her or any other of her family members alleging torture or missing report.
It has also been submitted by the learned counsel for the petitioner that the father-in-law of the victim Banshlal Mahto has been granted privilege of bail on 30.09.2015 passed in Cr. Misc. No. 36390 of 2015 by a Co-ordinate Bench of this Court
Patna High Court Cr.Misc. No.52544 of 2015 (2) dt.27-11-2015 3/3 and the petitioner having clean antecedent and on the basis of false allegation, she has been unnecessarily dragged in the present case. Be that as it may, let the above named petitioner in the event of her arrest or surrender before the Court below within a period of four weeks from today be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Jalley P.S.Case No. 56 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr. P. C.
(Nilu Agrawal, J) Sudha/- U T