Patna High CourtCR. MISC./32846/2020disposed

Sushila Devi v. The State Of Bihar

2021-06-24Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32846 of 2020 Arising Out of PS. Case No.-77 Year-2020 Thana- KHAIRA District- Saran ====================================================== Sushila Devi (Female), aged about 42 years, Wife of Dinesh Chaubey, Resident of Village- Rasulpur, P.S.- Khaira, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabindra Nath Singh, Advocate For the State :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 24-06-2021 The matter has been heard via video conferencing.

2. Heard Mr. Rabindra Nath Singh, learned counsel for the petitioner and Mr. Md. Mushtaque Alam, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner apprehends arrest in connection with Khaira (Nagra) PS Case No. 77 of 2020 dated 12.03.2020, instituted under Sections 304(B)/34 of the Indian Penal Code.

4. The allegation against the petitioner is that she was party to killing of her daughter-in-law.

5. After some arguments, learned counsel for the petitioner submitted that the matter has been compromised and a petition has been filed before the Court below by the informant in

Patna High Court CR. MISC. No.32846 of 2020 dt.24-06-2021 2/2 which it has been stated that due to misunderstanding the case was lodged and that the informant does not desire to pursue the matter. Thus, he submitted that the matter be disposed off with liberty to the petitioner to appear before the Court below and seek bail, especially in light of the compromise having been arrived at between the parties.

6. Learned APP does not oppose.

7. Having regard to the stand taken by learned counsel for the petitioner, the application stands disposed off with liberty to the petitioner to appear before the Court below and seek bail.

8. If the same is done, the Court below shall consider the matter on merits, including the compromise, and pass orders in accordance with law, without being prejudiced by the present order.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U T