Sandhya Devi @ Sandhya Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8576 of 2016 Arising Out of PS.Case No. -165 Year- 2014 Thana -DHANAHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. SANDHYA DEVI @ SANDHYA YADAV Wife of Bindeshwari Yadav Resident of Village - Rampur Pati, P.S. - Kasuya, District - Kushinagar (U.P.).
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Nawal Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-02-2016 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.
The prosecution case is that on recovery of a dead body on 9.11.2014 being not identified by any one, the FIR was lodged against unknown. Subsequently, brother of the victim identified the dead body of the deceased. Yogi alias Yogendra Madhesiya and Subhash Tiwari made confession that they committed murder of the victim at the behest of co accused Amarnath Madhesiya who was the Principal of the local school and had illicit relationship with
Patna High Court Cr.Misc. No.8576 of 2016 (2) dt.23-02-2016 2/3 the petitioner being the elder brother's wife of the victim. The victim was working as driver in the said school. It is submitted by the learned counsel for the petitioner that the victim went missing on 8.11.2014 and the dead body was recovered on 9.11.2014 but no information was given by the family of the victim to the police. The FIR was registered on 9.11.2014 and except the confession of co accused no material has been collected during investigation against the petitioner. It is further submitted that considering the suspicious nature of accusation co accused Amarnath Madhesiya has been granted regular bail vide Cr. Misc. No.23200 of 2015 and co accused Govind Kumar has been granted anticipatory bail vide Cr. Misc. No. 37961 of 2015.
Considering the delayed raising of suspicion against the petitioner and the fact that except confession of co accused no further material has been collected against the petitioner, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court Cr.Misc. No.8576 of 2016 (2) dt.23-02-2016 3/3 satisfaction of learned ACJM, Bagaha, West Champaran in connection with Dhanaha P.S. Case No.165 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T