Geeta Devi @ Gita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43258 of 2019 Arising Out of PS. Case No.-6 Year-2019 Thana- MORO District- Darbhanga ====================================================== 1.
Geeta Devi @ Gita Devi, Wife of Anil Kumar Chaudhary, Resident of Village - Godei Patti, P.S.- Moro, Distt - Darbhanga. 2.
Neha Kumari @ Aradhna, D/o Anil Kumar Chaudhary, Resident of Village - Godei Patti, P.S.- Moro, Distt - Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Patanjali Rishi, Advocate For the Opposite Party/s :
Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 24-09-2019 It is submitted by the learned counsel for the petitioners that Petitioner No.1-Geeta Devi@ Gita Devi has expired as she was suffering from cancer and, therefore, the application with regard to Petitioner No.1 has now become infructuous. It is, thus, dismissed as infructuous. Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. Petitioner No.2-Neha Kumari @ Aradhna is in custody since 13.05.2019 in connection with Moro P.S. Case No.06 of 2019 registered for the offence under Sections 302, 328, 120B and 34 of the Indian Penal Code.
Patna High Court CR. MISC. No.43258 of 2019(4) dt.24-09-2019 2/3 Learned counsel for the petitioner submits that petitioner no.2 is the wife of the deceased and a false and mischievous application was given by her father-in-law stating that the petitioner along with other family members had conspired to kill the son of the informant. It is further submitted that on inquiry, it has subsequently come on record that the deceased had committed suicide after consuming celphos, a poisonous substance. This fact has come in the case diary and stands supported by the independent witness who did not know the family initially, but later on the issue was highlighted and he claimed to have seen the deceased taking some medicine at the hand-pump near the school.
Learned counsel for the petitioner submits that taking into consideration the statement of such independent witness, chargesheet has been submitted under Section 306 of the I.P.C. and upon consideration of such facts and circumstances, the father-in-law of the deceased i.e., the father of the present petitioner no.2 has been extended the privilege of anticipatory bail in Cr.Misc. No.56772 of 2019, vide order dated 17.09.2019.
Considering the aforementioned facts and circumstances, let Petitioner No.2-Neha Kumari @ Aradhna,
Patna High Court CR. MISC. No.43258 of 2019(4) dt.24-09-2019 3/3 be released on bail on her furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, Darbhanga, in connection with Moro P.S. Case No.06 of 2019.
(Anjana Mishra, J) PNM U T