Shaili Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.28707 of 2014 (3) dt.08-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28707 of 2014 Arising Out of PS.Case No. -74 Year- 2013 Thana -GANGABRIDGE DistrictVAISHALI(HAJIPUR) ======================================================

1. Shaili Devi Wife of late Shivjee Choudhary resident of villageKaranpura, P.S.- Ganga Bridge, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md.Imteyaz Ahmad For the Opposite Party/s : Mr. A.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends her arrest in connection with Ganga Bridge P.S. Case No. 74 of 2013 registered for the offences punishable under Sections 302, 201, 120B/34 and 498 A of the Indian Penal Code.

Allegedly, Mina Devi Mauseri sister of the informant was married with Binod Chaudhary, the son of the petitioner, and she was being abused and assaulted by her husband and the petitioner since last five years and they were causing threats to kill her and ultimately killed her and got the dead body disappeared. Out of the wedlock there is one son and one daughter

Patna High Court Cr.Misc. No.28707 of 2014 (3) dt.08-01-2015 aged about 12 and 13 years respectively who have seen the occurrence.

Submission is that the husband of the deceased is already in jail and the petitioner is an old and is suffering from various ailments. She is separate in mess and she has got no concern with the affairs of the husband of the deceased. Both the children during investigation have not levelled any allegation against the petitioner and as such she deserves sympathetic consideration to which the learned APP opposes. In the facts and circumstances stated above and considering the fact that the husband of the deceased is in custody and the petitioner is an old lady, in the event of her arrest or surrender within two months from the date of receipt/production of a copy of this order, she shall be enlarged on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 74 of 2013, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T