Chunchun Devi @ Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34750 of 2016 Arising Out of PS.Case No. -306 Year- 2013 Thana -KOTWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Chunchun Devi @ Anita Devi Wife of Manoj Kumar Singh Resident of village - Kadhan Bairiya, P.S. Kesaria, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anuj Kumar, Advocate For the Opposite Party/s : Mr. Sri Tapeshwar Sharma, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-08-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Kotwa P.S.Case No. 306/2013 registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code. The prosecution case as per F.I.R. lodged by the informant, who is cousin brother of the deceased, Roochi Raj against the petitioner, who is sister of the deceased and her brother-in -law, stating therein that for usurping the land of the deceased, they have killed her.

It has been submitted by the learned counsel for the petitioner that the petitioner being a sister of the deceased, Roochi

Patna High Court Cr.Misc. No.34750 of 2016 (2) dt.29-08-2016 2/2 Raj, there is no specific allegation against her. It has further been submitted that there were good relations between them and she has been falsely implicated only on the basis of suspicion. However, learned A.P.P. for the State submits that the petitioner is named in the F.I.R., hence, opposes the prayer for bail.

Be that as it may, since the petitioner has been made co-accused only on the basis of suspicion and there is no eye witness and being a sister of the deceased, let the above named petitioner, in the event of her arrest or surrender before the learned Court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Kotwa P.S. Case No. 306/2013, subject to the conditions as laid down under Section 438(2) of the Cr. P. C.

(Nilu Agrawal, J) Sudha/- U T