Nisha Devi @ Nisha Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37042 of 2015 Arising Out of PS.Case No. -229 Year- 2015 Thana -BARH District- PATNA ====================================================== Nisha Devi @ Nisha Kumari Devi W/o Rajan Kumar At present resident of Mohalla- Mogalpura (Jamuna Rai Ka Kuan), Patan City, P.S.-Khajekala, District- Patna & D/o Umeshwar Prasad resident of Mohalla- Balipur, P.S.- Barh, District- Patna.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K., Adv. For the Opposite Party/s : Mr. Md. Aslam Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-11-2015 Heard learned counsel for the petitioner, learned Additional P.P. as well as learned counsel for the informant. The petitioner apprehends her arrest in Barh P.S. Case No. 229/2015, registered for the offences punishable under Section 304(B) and other Sections of the Indian Penal Code.

The informant alleged that his daughter was married to Rajesh Ranjan Sinha two years ago and she also gave birth a female child. Few days ago, Rajesh Ranjan Sinha and his brother took the daughter of the informant to their house and the informant got information that his daughter was killed. The informant alleged that the husband, brother-in-law and sister-in-law of his daughter killed his daughter.

Learned counsel for the petitioner submits that the petitioner has no manner of concern with the family affairs of the

Patna High Court Cr.Misc. No.37042 of 2015 (3) dt.05-11-2015 2/2 deceased and her husband. She is a married lady and she is living in her matrimonial house.

It has come that the victim was ill and somebody gave poisonous substance to her that is why she died. Learned counsel for the informant as well as learned Additional P.P., however, vehemently opposed the prayer for bail and submitted that the witnesses have stated that the deceased was ill and in stead of medicine her family members gave her poison. It appears that nobody has made any specific allegation against the petitioner that she either ever tortured the deceased or even on the date she gave anything to the deceased. The petitioner is living in her sasural and she is married sister-in-law of the deceased.

Considering the facts aforesaid, the petitioner above named in the event of his 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, is directed to be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Barh, Patna in connection with Barh P.S. Case No. 229/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi U T