Patna High CourtCR. MISC./185/2015bail granted

Seema Devi v. The State Of Bihar

2015-01-27Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.185 of 2015 Arising Out of PS.Case No. -116 Year- 2014 Thana -PATNA CITY CHOWK District- PATNA ======================================================

1. Seema Devi w/o Late Dinanath Chowdhary r/o Lal Imali, P.S. Chowk (Patna City), District Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Mr. T.P.Mandal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-01-2015 Heard learned counsels for the petitioner and the State. The petitioner being second wife of the victim is apprehending arrest in a case registered for the offences punishable under Sections 302,201 and 323/34 of the Indian Penal Code.

It is alleged that the victim Dina Nath Choudhary married with the petitioner in 2009 after death of the first wife. The petitioner killed the victim by assaulting him in anticipation of getting compassionate appointment and the maturity amount under LIC policy.

It is submitted by learned counsel for the petitioner that though there is accusation of making assault by the petitioner and her sister but paragraph 55 of the case diary, which contains the

Patna High Court Cr.Misc. No.185 of 2015 (3) dt.27-01-2015 2/2 statement of the doctor to whom the victim was taken after complaining chest pain, does not suggest any injury or any complain by the victim of being assaulted. This fact has not been controverted by the learned APP.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Patnacity in connection with Chowk P.S. Case No. 116 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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