Kismatiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40933 of 2020 Arising Out of PS. Case No.-98 Year-2020 Thana- MAIRWAN District- Siwan ====================================================== Kismatiya Devi Wife Of Ramakant Chauchan Resident Of Village- Nimiya Tola, Nauka Tola, Post Office and Police Station- Mairwa, District- Siwan ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Kamlesh Kumar, Adv.

Ms. Kahkashan Alam, Adv.

For the State Mr. Ajay Kumar Jha, A.P.P. For the Informant :

Mr. Bijay Prakash Singh, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-03-2021 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. The petitioner has filed the instant application for grant of regular bail in connection with Mairwa P.S. Case no. 98 of 2020 registered under sections 302, 201 and 34 of the Indian Penal Code.

As per allegation in the F.I.R., the three accused persons who happen to be the mother-in-law and two sister-inlaws of the deceased tortured and killed the daughter of the informant. It is further stated that when sister of the deceased

Patna High Court CR. MISC. No.40933 of 2020(4) dt.16-03-2021 2/3 reached there, by giving her threats and coercing her by giving her promise of some money and land, the cremation was carried out. False news was spread that she had died in a train accident. It is submitted by learned counsel for the petitioner that the petitioner is the old mother-in-law of the deceased who is in custody since 22.03.2020. The allegations are general and omnibus in nature. Further from perusal of the FIR it would transpire that the cremation took place in presence of the sister of the deceased.

The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that the petitioner herein happens to be the main accused who not only killed the daughter of the informant but also disposed of her body.

Having heard learned counsel for the parties and taking into consideration the nature of relationship, the allegations in the FIR together with the petitioner being in custody since 22.03.2020 and the investigation in the case having been concluded, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Mairwa P.S. Case no. 98 of

Patna High Court CR. MISC. No.40933 of 2020(4) dt.16-03-2021 3/3 2020 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateVII, Siwan. (Partha Sarthy, J) shahzad/- U T