Nandani Devi @ Nandni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4573 of 2016 Arising Out of PS.Case No. -227 Year- 2015 Thana -NATHNAGAR District- BHAGALPUR ====================================================== Nandani Devi @ Nandni Devi Wife of Saryug Das, Resident of villageGovindpur Dakshin Tola, P.S.- Nathnagar (Madhusudhanpur), DistrictBhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Balram Kapri For the Opposite Party/s : Mr. Amrendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 03-02-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 302, 120B and 201/34 of the Indian Penal Code.

The prosecution case is that on 14.10.2015 at 6.00 P.M. the son of the informant went outside to ease but he did not return. On 15.10.2015 at 7.00 A.M. the sandal of the

Patna High Court Cr.Misc. No.4573 of 2016 (2) dt.03-02-2016 2/3 victim was found near the well, thereafter, the dead body was informant's son was taken out from the well with hands and legs tied rope. The rope was identified by the informant as of coaccused Sanjay Das. It is alleged that the dispute between Sanjay Das and others and the informant is going on when it is alleged against the petitioner and co-accused Balmiki Sharma that they used to instigate Sanjay Das and others. It is specifically alleged that Balmiki Sharma instigated Sanjay Das to kill the family members of the informant.

It is submitted by learned counsel for the petitioner that only of suspicion the accusation has been levelled. There is no eye witness to the occurrence. The impugned order also does not contain anything except the suspicion and a statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the suspicious nature of accusation and the petitioner being a lady, let the above named petitioner be released on anticipatory bail, in the event of her arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,

Patna High Court Cr.Misc. No.4573 of 2016 (2) dt.03-02-2016 3/3 Bhagalpur in connection with Nathnagar P.S. Case No. 227 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T