Anita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 38769 of 2022 Arising Out of PS. Case No.-485 Year-2020 Thana- HARSIDHI District- East Champaran ====================================================== Anita Devi W/O Rakesh Kumar, D/O Mishri Bhagat Resident of VillageDhawahi, P.S.- Harsiddhi, District- East Champaran, Motihari. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anshu Dhar Sharma, Adv.
For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-12-2022 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Harsiddhi P.S. Case No. 485 of 2020 lodged under Sections 302/34 of the I.P.C.
As per the prosecution case, it has been intimated by the informant that marriage of his son has been solemnized with the Anita Devi. Informant submits that his son went to his sasural upon call from Anita Devi. This is an event of 14.11.2020. On 16.11.2020 at about 9 p.m. informant received information that his son has consumed poison and they are taking him to the hospital in the early morning. When the
Patna High Court CR. MISC. No. 38769 of 2022(3) dt.01-12-2022 2/3 informant started searching for his son, the allegation is that 7 named accused persons started abusing him and it has been specifically alleged that the said Anita Devi had illicit relationship with Mukesh Kumar due to which she had no love with her husband. The further allegation has been made by the informant that the in-laws of his son, named above have provided poison to his son and thrown his dead body to an unknown place.
Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Learned counsel for the petitioner submits that charge-sheet has already been filed in this case. He further submits that by virtue of suspicion and with a view to blackmail, petitioner's name has been unnecessarily figured in this case. He further submits that from the F.I.R. and case diary it transpires that there is no direct allegation against the petitioner. Learned counsel for the petitioner submits that petitioner is in custody since 12.03.2022. Learned counsel submits that the suspicion has also taken place that there was illicit relationship going on between wife of the informant's son and the brother-in-law of the petitioner and only due to this reason, such occurrence had taken place. Learned counsel for the State opposes the prayer for
Patna High Court CR. MISC. No. 38769 of 2022(3) dt.01-12-2022 3/3 bail and submits that there is a strong suspicion against the present petitioner.
In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Motihari, East Champaran in connection with Harsiddhi P.S. Case No. 485 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) ashishsingh/- U T