Guddi Devi @ Nilam Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21539 of 2017 Arising Out of PS.Case No. -155 Year- 2016 Thana -SATHI DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Guddi Devi @ Nilam Devi wife of Ram Bahadur Rao
2. Shambhu Singh son of Late Narendra Bahadur Singh
3. Umesh Singh son of Late Narendra Bahadur Singh
4. Dinesh Singh son of Late Narendra Bahadur Singh
5. Ishwar Singh son of Shambhu Singh
6. Vishal Singh son of Umesh Singh All residents of village Ram Nagar Bati Tola, P.S. Ram Nagar, District Bettiah at West Champaran. .... .... Petitioners
Versus
1. The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Anita Kumari Singh For the Opposite Party/s : Mr. Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-09-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Sathi P.S. Case no. 155 of 2016, registered under Sections 302,120-B, 201, 364, 420 & 406 of the Indian Penal Code. The allegation of informant Vikash Kumar is that the marriage of his brother Ram Bahadur Rao was performed with petitioner No.1 Guddi Devi @ Neelam Devi. After marriage, the petitioner No.1 and her Myaka people started keeping pressure upon Ram Bahadur Rao to sell his share of land. Accordingly, Ram Bahadur Rao, brother of the informant, sold his landed
Patna High Court Cr.Misc. No.21539 of 2017 (5) dt.05-09-2017 2/3 property and started living in his Sasural house. Thereafter, brother of the informant suspected that he would be killed by the petitioners and he went to the informant's house and started living with the informant. Later on, he was taken by her in-laws on 20.03.2016 and since then he is traceless. Learned counsel for the petitioners submits that the marriage of petitioner No.1 was performed with Ram Bahadur Rao, brother of the informant, but petitioner No.1 was deserted by her husband and she started to live at her Myaka, where in the year 2015, she got a job of Anganbari Sewika and she submitted an affidavit dated 14.02.2015 to the effect that she has been deserted by her husband Ram Bahadur Rao and thereafter, she started to do job of Anganbari Sewika.
Further submission is that earlier the marriage of Chanchala Devi, niece of petitioner No.1, was performed with the informant and she was being tortured by her husband and other in-laws regarding which Compliant Case No. 3668 of 2013 was filed in which the informant was allowed pre-arrest bail by this Court on 26.08.2015 vide Criminal Miscellaneous No. 33758 of 2015. The husband of the petitioner No.1, while she was at her Myaka, left his parental house for going to Rajasthan from where he went to Nepal, but with ulterior motive only to give pressure, the informant, who is brother-in-law of the petitioner has lodged this case against the petitioner No.1 and her other family members.
Patna High Court Cr.Misc. No.21539 of 2017 (5) dt.05-09-2017 3/3 Further submission is that petitioner No.2 to 4 are brothers of petitioner No.1 and Petitioner Nos. 6 and 7 are nephew of the petitioner No.1. Further submission is that during the course of investigation, the witnesses from the village of the informant have given the similar statement as narrated in the F.I.R., but none of the witnesses have seen the occurrence. Learned counsel for the informant submits that brother of the informant is still traceless. Further submission is that while the husband of the petitioner No.1 is missing since long, but no any information has been given at the hand of petitioner No.1.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the ACJM-VII, Bettiah, West Champaran in connection with Sathi P.S. Case No. 155 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T