Bittu Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33542 of 2020 Arising Out of PS. Case No.-939 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Bittu Kumari, aged about 26 years, female, Son of Late Vinod Choudhari, Resident of Village - Amritpur, P.S.- vaishali, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pravin Kumar, Adv.

For the Opposite Party/s :

Mr. Rajendra Pd. Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-03-2021 Heard the counsel for the parties.

The petitioner seeks bail in anticipation of her arrest in connection with Ahiyapur P.S. Case No. 939 of 2019, dated 08.08.2019, instituted for the offences under Sections 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner is stated to be the wife of the deceased/Ajay Kumar Yadav, who is alleged to have got him

Patna High Court CR. MISC. No.33542 of 2020(2) dt.12-03-2021 2/3 killed.

Learned counsel for the petitioner has submitted that the accusation against her in only based on suspicion and nothing else. In fact, about fifteen days prior to the occurrence, the informant and her sister/Rangila Devi, with whom the deceased had solemnized marriage in an illegitimate manner, had ousted the petitioner from her matrimonial home. Perforce, the petitioner had to go to her sister's house. It has further been submitted that the deceased had solemnized four marriages apart from his marriage with the petitioner. The possibility of his having been killed by his enemies cannot be ruled out. Apart from this, it has been submitted that the informant and her brother had tried to eliminate the petitioner but she could anyhow save herself. For the aforesaid act, a case vide Ahiyapur P.S. Case No. 626 of 2015 was also filed. Taking into account the aforesaid facts as also the gender of the petitioner, she, in the event of her arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on her

Patna High Court CR. MISC. No.33542 of 2020(2) dt.12-03-2021 3/3 furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 939 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T