Neha Singh @ Neha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32448 of 2020 Arising Out of PS. Case No.-128 Year-2018 Thana- BARAULI District- Gopalganj ====================================================== Neha Singh @ Neha Devi, Son of Deepak Singh Resident of VillageBharkuriyan, Police Station-Barauli, District-Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-02-2021 Heard Mr. Arun Kumar, learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of her arrest in connection with Barauli P. S. Case No. 128 of 2018 dated 25.05.2018, instituted for the offences under Sections 302, 201 and 34 of the Indian Penal Code.

The husband of the informant has been brutally killed over a very petty issue. All other members of the family of the petitioner are alleged to have assaulted the deceased by different sharp cutting weapon. Later, it has been alleged that the petitioner brought kerosene oil

Patna High Court CR. MISC. No.32448 of 2020(2) dt.12-02-2021 2/3 from her house and poured it over the body of the deceased and thereafter the deceased was set on fire by another accused person.

Though there is specific accusation of the petitioner participating in the occurrence and bringing kerosene oil for burning the deceased, but learned counsel for the petitioner submits that the accusation is absolutely false and it is for the purpose to put the entire family behind the bars.

The petitioner as a young woman was married only a year ago and at the time of the occurrence, she was in the family way. Now she has delivered a child. Considering this aspect of the matter alone, the petitioner, above-named, is directed to be released on bail, in the event of her arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on her furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.32448 of 2020(2) dt.12-02-2021 3/3 the satisfaction of the learned Chief Judicial Magistrate, Gopalganj, in connection with Barauli P. S. Case No. 128 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

However, the petitioner shall participate in the investigation and shall not do anything to tamper with the evidence. Should she be found doing so, her bail shall be liable to be cancelled.

(Ashutosh Kumar, J) skm/- U T