Seema Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37657 of 2021 Arising Out of PS. Case No.-198 Year-2020 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Seema Devi Wife of Abhishek Kumar Resident of Village- Madhuban, P.S.- Kanti, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-01-2022 Heard both parties through video conferencing. The petitioner seeks bail in Kundwa Chainpur P.S. Case No. 198 of 2020, registered for the offence punishable under Sections 302, 120(B)/34 of the Indian Penal Code and section 27 of the Arms Act.

As per the FIR, on 22.12.2020 at about 7.30 pm while the informant was standing at the door of her house she heard sound of bullet firing and when she rushed towards the noise she saw Sardarji, Arvind Singh, Ravi Singh fleeing away from the place of occurrence. It is further alleged that two months prior to the alleged occurrence, Sardarji and his sister (petitioner) threatened the husband of informant to kill. It is further alleged that there was illicit relation of her husband with wife of Sardarji and Ravi Singh and there was also money dispute between her husband and accused persons due to which

Patna High Court CR. MISC. No.37657 of 2021(3) dt.24-01-2022 2/2 the alleged occurrence took place.

It is urged that even as per FIR petitioner was not seen fleeing away from place of occurrence. The only allegation against her is that two months prior to the alleged occurrence petitioner along with her brother Sardarji has threatened the deceased of dire consequence and no specific overt act has been alleged against her. Petitioner is in custody since 04.02.2020 having clean antecedent. Investigation is complete. Considering the facts and circumstances of the case, the petitioner above-named, 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 Additional Chief Judicial Magistrate Vth, East Champaran, Motihari in connection with Kundwa Chainpur P.S. Case No. 198 of 2020.

(Prabhat Kumar Singh, J) vinita/- U T