Bimla Devi v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33339 of 2020 Arising Out of PS. Case No.-69 Year-2019 Thana- RATANPUR District- Supaul ====================================================== Bimla Devi, Wife of Shankar Paswan, resident of Village - Bauharva, Ward No. 13, Police Station- Ratanpura, District- Supaul ... Petitioner

Versus

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

For the Petitioner :

Mr. Viveka Nand Singh, Adv.

For the State :

Mr. Kanhaiya Kishore, APP For the Informant :

Mr. Pramod Mishra, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-06-2021 Heard the parties through video conferencing. The petitioner seeks pre-arrest bail in connection with Ratanpura P.S. Case No. 69 of 2019, registered under Section 302/34 of the Indian Penal Code.

The accusation is that Shankar Paswan, husband of Mukhiya, Bimla Devi (petitioner) had taken loan of rupees five lakhs from Sakaldeo Yadav, father of the informant, Amit Kumar Yadav, on assurance to return within two months, but, in spite of much persuasion, Shankar Paswan, husband of the petitioner, did not return the money. On 13.11.2019, in the evening, Sakaldeo Yadav, father of the informant, Amit Kumar Yadav, moved from house informing to Anmol Mehta to collect the money from the house of Shankar Paswan, husband of the petitioner. In the way, Sakaldeo Yadav, father of the informant, Amit Kumar Yadav, also accompanied by Udai Yadav and both

Patna High Court CR. MISC. No.33339 of 2020(3) dt.22-06-2021 2/3 reached at the house of Shankar Paswan, husband of the petitioner where Shankar Paswan was talking with some other person. After waiting few hours, Udai Yadav moved from there saying to Sakaldeo Yadav that there is too-much late and Udai Yadav moved from the house of Shankar Paswan. Till late night Sakaldeo Yadav, father of the informant, Amit Kumar Yadav, did not return to his house and in the next morning a rumour spread that there is a dead body near the Koshi river dam. Thereafter, informant tried to talk his father on his mobile, but, mobile was found switched-off. Thereafter, with his uncle, Yogendra Yadav, the informant reached there and identified the dead body of his father, Sakaldeo Yadav. Informant raised suspicion that Shankar Paswan, husband of the petitioner, in conspiracy with Sanjeev Kumar Mehta and some others committed the murder of his father to grab rupees five lakh, which has been taken by Shankar Paswan from his father.

Submission is that the petitioner is the wife of coaccused, Shankar Paswan, who is already in custody. Further, submission is that the dead body of Sakaldeo Yadav, father of the informant, was lying on the dam not at the house of the petitioner, but, with ulterior motive, in course of investigation, the name of the petitioner has also been dragged in this case.

Patna High Court CR. MISC. No.33339 of 2020(3) dt.22-06-2021 3/3 The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Ratanpura P.S. Case No. 69 of 2019 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Subdivisional Judicial Magistrate, Birpur, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

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