Parwati Devi @ Parvati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42593 of 2023 Arising Out of PS. Case No.-775 Year-2022 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Parwati Devi @ Parvati Devi W/O Late Gautam Kumar Mallik R/O MohallaHanuman Ghat Pipli Dham Barari, P.S.- Barari, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-08-2023 Heard learned counsels for the petitioner and the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 302, 120(B), 34 of the Indian Penal Code.

3. As per the prosecution case, informant suspects that all the FIR named accused persons entered the house of deceased (son of informant) tied his neck with rope and assaulted on his head due to which he died.

4. It is submitted that petitioner is not named in the FIR. Name of petitioner transpired in this case during course of investigation only on the ground that she happens to be the first wife of deceased. Informant is not eye-witness of the

Patna High Court CR. MISC. No.42593 of 2023(2) dt.03-08-2023 2/2 occurrence. Save and except suspicion, there is no material against this petitioner which suggest her complicity in the alleged occurrence. Petitioner is a lady and claims clean antecedent.

5. Considering the facts aforesaid, the petitioner above-named, in the event of her arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to 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 the learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Barari) P.S. Case No. 775 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T