Sunaina Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59678 of 2021 Arising Out of PS. Case No.-159 Year-2021 Thana- HALSI District- Lakhisarai ====================================================== 1.
SUNAINA DEVI W/O LATE NAWAL TIWARI, R/o village- Bahchcha, P.S.- Halsi, District- Lakhisarai 2.
Ramni Devi W/o Milan Tiwari, R/o village- Samash, P.S.- Barbigha, District- Sheikhpura 3.
Sushila Devi W/o Late Umashankar Pandey, R/o village- Baikathpur, P.S.- Khushrupur, District- Patna ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Sinha, Sr. Adv.
Mr. Bhola Kumar, Adv.
Mr. Vivek Gaurav, Adv.
For the Opposite Party/s :
Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-09-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.
Heard the learned counsel for the petitioners as well as the Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Halsi P.S. Case No. 159 of 2021 registered for offence punishable under sections 302 and 201/34 of the Indian Penal Code.
The informant is father of deceased Munni Devi. The marriage of Munni Devi was solemnized with co-accused
Patna High Court CR. MISC. No.59678 of 2021(3) dt.13-09-2022 2/3 Shatrudhan Tiwari in the year 2010. The accused persons subjected his daughter to torture. They always used to assault her . On 31st of July, 2021 at about 3:00 P.M., the informant got an information that Sunaina Devi, Golu Tiwari, Ramni Devi, Sushila Devi and Chunnu Tiwari and husband Shatrudhan Tiwari committed murder of his daughter. The informant went to the matrimonial house of his daughter. The villagers apprised him that the accused persons, after killing his daughter, had thrown her dead body in Soma river. The police recovered her dead body and it was sent for post mortem.
The learned counsel for the petitioners has submitted that petitioner no. 1 is mother-in-law, petitioner no. 2 is married Nanad and petitioner no. 3 is cousin mother-in-law of the deceased. They have no concern with day to day affairs of the couple. He has submitted further that the petitioners are not supposed to have any relation with the affairs of the couple and they have falsely been implicated in this case. So far as petitioner nos. 2 and 3 are concerned, they are distant relatives and they have supposed to having no relation with the affairs of the couple, as such, their prayer for anticipatory bail is allowed.
Let petitioner nos. 2 and 3 in the event of their arrest
Patna High Court CR. MISC. No.59678 of 2021(3) dt.13-09-2022 3/3 or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Lakhisarai in connection with Halsi P.S. Case No. 159 of 2021, subject to condition as laid down under section 438(2) Cr. P.C.
So far as petitioner no.1 is concerned, who is motherin-law of the deceased, there is allegation against her of causing of committing murder and disappearing the dead body of the deceased, as such, the anticipatory bail petition with respect to petitioner no. 1 is rejected.
Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) Mahesh/- U T