Shila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33463 of 2022 Arising Out of PS. Case No.-329 Year-2019 Thana- HUSSAINGANJ District- Siwan ====================================================== Shila Devi Wife of Kameshwar Rajbhar @ Kamleshwar Rajbhar Resident of Village - Khanpur Khairati, Police Station- Hussainganj, District - Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeet Kumar For the Opposite Party/s :
Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-11-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 302, 201, 120(B)/34 of Indian Penal Code.
As per prosecution case, after the recovery of dead body of son of the informant an FIR was lodged against 11 accused persons including this petitioner. It is alleged that elder son of the informant had solemnized inter-caste marriage with daughter of co-accused Shiv Prasad Raj Bhar and Panchayati was convened but daughter of Shiv Prasad Raj Bhar was not ready to return to her parental house. Due to this inter-caste marriage the in-laws were nurturing grudge against this petitioner. Informant suspects that this petitioner along with
Patna High Court CR. MISC. No.33463 of 2022(2) dt.15-11-2022 2/3 other FIR named accused persons committed murder of Golu Kumar, son of the informant, and threw his dead body in the pond. Petitioner is wife of one co-accused Kameshwar Rajbhar. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that FIR has been lodged after 6 days of alleged occurrence merely on the basis of suspicion though in investigation there is no direct or indirect evidence to indicate the complicity that petitioner has done aforesaid crime. No one has seen this petitioner going with accused persons. It is further submitted that similarly situated co-accused persons have already been granted anticipatory bail by co-ordinate Benches of this Court vide Annexure-2 and 3. Petitioner is lady and has got clean antecedent.
Considering the aforesaid facts and circumstances, let the above named petitioner in the event of her arrest/surrender before the court below within a period of thirty days from the date of receipt/production of copy of this order, 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 Additional Chief Judicial Magistrate-IX, Siwan in Hussainganj P. S. Case No. 329 of 2019, subject to condition as laid down
Patna High Court CR. MISC. No.33463 of 2022(2) dt.15-11-2022 3/3 under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) navya/- U T