Visun Devi @ Vishun Devi @ Bishuni Devi @ Bishuri Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.32231 of 2015 (3) dt.15-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32231 of 2015 Arising Out of PS.Case No. -271 Year- 2014 Thana -MALSALAMI District- PATNA ======================================================

1. Visun Devi @ Vishun Devi @ Bishuni Devi @ Bishuri Devi W/o Sukhari Mistri Resident of Mohalla Chhoti Mandir Bundel Toli, Patna City, P.S. Malsalami, District Patna, At present Village Nurichak, Masaudhi, P.S. Punpun, District Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Indu Kumari Srivastava(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 15-10-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Malsalami P.S. Case No. 271 of 2014 registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code. Earlier case diary of the present case was called for which has since been received.

Learned counsel for the petitioner submits that so far as this petitioner is concerned, she has been separated from her husband since 2005 itself which stands supported by an affidavit dated 14.11.2005 before the notary public. In the said affidavit, it has been clearly stated that Sukhari Mistry was having four

Patna High Court Cr.Misc. No.32231 of 2015 (3) dt.15-10-2015 children and on separation, two children namely, Santosh Kumar @ Santosh Mistry and Rupesh Kumar @ Rupesh Mistry, were living with the petitioner two sons namely, Kallu Mistry @ Kallu Kumar @ Sunil Kumar and Tuntun Kumar @ Tuntun Mistry have been living with their father.

Considering the aforesaid submissions and also the fact that there is no cogent material in the case diary to implicate the petitioner, let the petitioner above named, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Patna City in connection with Malsalami P.S. Case No. 271 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.. (Anjana Mishra, J) Jagdish/- U T