Gauri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56164 of 2015 Arising Out of PS.Case No. -53 Year- 2015 Thana -ASARGANJ District- MUNGER ====================================================== Gauri Devi Wife of Gulshan Yadav @ Sarwan Yadav resident of village Kunnath Mohanpur P.S. Gauradih, District Bhagalpur, at present residing at Daughter of Shivnandan Yadav, resident of village Koriyan, P.S. Asarganj, District Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. R.S. Chaudhary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 10-12-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 302/34, 120B of the Indian Penal Code and 27 of the Arms Act. The prosecution case is that the brother of the informant Gulshan Yadav @ Shrawan Yadav was forcibly married by his uncle Guddu Yadav with the petitioner four months prior to the occurrence. The petitioner has illicit relationship with her brother-in-law Karan Yadav prior to the marriage. In the said background it is alleged that Karan Yadav fired at the brother of the informant raising suspicion against the

Patna High Court Cr.Misc. No.56164 of 2015 (2) dt.10-12-2015 2/2 petitioner is that Karan Yadav killed the husband of the petitioner since he has illicit relationship with the petitioner. It is submitted by learned counsel for the petitioner that the accusation of firing is specific against Karan Yadav and the accusation against the petitioner is based only on suspicion. There is nothing on record to suggest that the petitioner has illicit relationship with Karan Yadav. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of her arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Munger in connection with Asarganj P.S. Case No. 53 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T