Sita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11808 of 2017 Arising Out of PS.Case No. -202 Year- 2016 Thana -FALKAHA District- KATIHAR ====================================================== Sita Devi, wife of Late Shrinath Yadav, Resident of Village- Sonbarsa Babhni, P.S. Falka, District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar, Advocate For the Opposite Party/s : Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-06-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 03.09.2016 in connection with S.T. No. 01/2017, arising out of Falka P.S. Case No. 202/2016 for offences punishable under Section 302/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his daughter Jully Kumari was married to accused Janardan Yadav about 12 years back and from the wedlock there were three children, but the accused Janardan Yadav had illicit relationship with one Rina Devi on account of which he regularly abused and assaulted the deceased Jully Kumari. It is further alleged that mother-in-law petitioner Sita Devi also assaulted the deceased.

Patna High Court Cr.Misc. No.11808 of 2017 (6) dt.19-06-2017 2/2 It has been submitted by the learned counsel for the petitioner that petitioner being the mother-in-law is innocent and general and omnibus allegation has been levelled against her. It is further submitted that none of the independent witnesses have supported the prosecution case so far as this petitioner is concerned and that the husband Janardan Yadav has surrendered in the court below on 15.09.2016 and since then he is in custody. It is also submitted that the charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, 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 Sessions Judge, Katihar, in connection with Falka P.S. Case No. 202/2016.

(Nilu Agrawal, J) Rajesh/- U T