Chinta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54162 of 2017 Arising Out of PS.Case No. -202 Year- 2017 Thana -BIHIYA District- BHOJPUR ====================================================== Chinta Devi, Wife of Shambhu Nath Gupta, Resident of Village- Teghra, P.S.- Bihiya, District- Bhojpur Ara.

.... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rajiva Ranjan For the Opposite Party/s : Mr.Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Bihiya P.S. Case no. 202 of 2017, registered under Section 304(B)/34 of the Indian Penal Code.

The accusation is of killing of the sister of the informant by her husband and other in-laws due to non-fulfillment of demand of cash of Rs. Five lakhs.

Learned counsel for the petitioner submits that, in fact, the marriage of the sister of the informant was performed with Baijnath Gupta, son of the petitioner, and she fell down from the stairs and sustained injury and died on reaching at hospital. The Postmortem of the dead body was done, but with ulterior motive the present case has been lodged. Further submission is that the petitioner is the mother-in-law and no specific overt act has been attributed

Patna High Court Cr.Misc. No.54162 of 2017 (2) dt.14-11-2017 2/2 against her. Moreover, Baijnath Gupta, husband of the deceased, is in custody in this case since 16.08.2017. The petitioner being the lady has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur Ara in connection with Bihiya P.S. Case No. 202 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T