Sima Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52031 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- SUGAULI District- East Champaran ====================================================== Sima Devi Wife of Tufani Choudhary R/o Village - Chhota Bangra, Nonia Tola, P.S.- Sugauli, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar, Adv.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 363, 364, 366, 302, 323, 504, 120(B), 34 of the Indian Penal Code.

3. Allegation against the petitioner is that she along with other co-accused persons kidnapped the daughter of the informant for the purpose of marriage, but at last killed her. It is further alleged that when the informant went to the house of coaccused Tufani Chaudhary to enquire about her missing daughter, co-accused Tufani Chaudhary and his wife, petitioner in the present case, abused and assaulted her brutally.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place.

Patna High Court CR. MISC. No.52031 of 2024(2) dt.04-09-2024 2/2 She has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts rather the real fact is that the victim has committed suicide. There is no eye-witness to the alleged occurrence. There is no specific overt act against the petitioner. She has been made accused in the present case merely because she is mother of co-accused Rohit Kumar. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sugauli P.S. Case No. 06 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T