Guriya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36718 of 2019 Arising Out of PS. Case No.-39 Year-2019 Thana- BUNIYAD GANJ District- Gaya ====================================================== GURIYA DEVI W/o Late Ravi Verma Resident of Village - Manpur Pehani Koairi Tola, P.s.- Buniyadganj, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithivi Raj Singh For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-08-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Buniyadganj P.S. Case No. 39/2019, instituted for offence under Section(s) 302, 379 and 34 of the Indian Penal Code.

It is alleged in the written report that informant has two sons, namely, Ravi Verma and Raja Babu. Ravi Verma was married with this petitioner. Ravi Verma had some disputes with his wife and the family member of his wife. It is alleged that on the date of occurrence at about 6 A.M. informant saw his daughter-in-law was going with two persons on two motorcycles with a bag. It is further alleged that informant went to the house of his son Ravi Verma and saw one room was closed from inside. Informant informed the Officer-in-charge.

Patna High Court CR. MISC. No.36718 of 2019(3) dt.13-08-2019 2/3 Thereafter police came and broke open the door and saw the dead body of the son of informant was hanging with fan. Learned counsel for the petitioner has submitted that mere suspicion has been raised against this petitioner. There is no eye-witness to the occurrence.

Post-mortem report is available in case diary wherein doctor has opined cause of death asphyxia due to hanging. The police after investigation submitted charge-sheet against the petitioner for offence under Section 306 of the Indian Penal Code.

Learned Addl. P.P. after looking into case diary has submitted that mere suspicion has been raised against this petitioner in various paragraphs of case diary. Petitioner is wife of deceased. In the post-mortem report doctor has found ligature mark, ante-mortem in nature. Cause of death is opined asphyxia due to hanging.

Petitioner is in custody since 12.03.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief

Patna High Court CR. MISC. No.36718 of 2019(3) dt.13-08-2019 3/3 Judicial Magistrate 8th, Gaya, in connection with Buniyadganj P.S. Case No. 39/2019, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T