Anisha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11272 of 2017 Arising Out of PS.Case No. -346 Year- 2014 Thana -NAUBATPUR District- PATNA ====================================================== Anisha Devi, W/o Late Chandan Kumar, Daughter of Umer Yadav, resident of Village Rai Ganiya Bagh, P.S. Naubatpur District Patna, at present resident of Village Singhara Kopa, P.S. Dulhin Bazar, DistrictPatna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ganesh Prasad Yadav For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-04-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner is languishing in custody for the offences punishable under Section 302/34 of the Indian Penal Code. Allegation is that since the petitioner was in illicit relation with co-accused Pappu Kumar she committed murder of her husband. Pappu Kumar was allowed bail by a coordinate Bench of this Court in Cr.Misc.No.12685 of 2016 considering the fact that only material against the petitioner and Pappu Kumar was suspicion and the witnesses had stated that the deceased committed suicide due to financial crisis.

Learned counsel for the informant opposed the

Patna High Court Cr.Misc. No.11272 of 2017 (3) dt.19-04-2017 prayer for bail on the ground that in paragraph 32 and 33 of the case diary eye witnesses have claimed that the petitioner and others actively participated in the murder of the deceased. Considering the fact that allegation against the petitioner stands on better footing than that of Pappu Kumar and the petitioner is female, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Danapur, Patna/Successor Court, in connection with Naubatpur P.S. Case No.346 of 2014, with condition that petitioner shall fully cooperate with the investigation and trial of the case, failing which the Court below shall be at liberty to take steps for cancellation of the bail bonds of the petitioner in this case.

(Birendra Kumar, J) Arvind/- U T