Mina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 2972 of 2017 Arising out of P.S. Case No. - 354 Year - 2015 Thana - TURKAULIYA District - EASTCHAMPARAN (MOTIHARI) ====================================================== Mina Devi, Wife of Late Manoj Mahto, Resident of Village - Chailahan Goshala Tola, Dohitar, P.S. - Banjaria, District - East Champaran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Dhurendra Kumar, Advocate For the Opposite Party : Smt. Rita Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-03-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 302, 201 and 120B/34 of the Indian Penal Code.

The informant is not an eye-witness of the occurrence. Petitioner is wife of deceased Manoj Mahto. Complaint based allegation is that when the deceased returned from his shop on the occasion of Holi, he went to his Sasural where he was informed that the petitioner is pregnant. The deceased assaulted to the petitioner, probably, for the reason of her illicit relationship. For that reason, there is allegation against the in-law including the petitioner that they committed murder of Manoj Mahto.

Patna High Court Cr.Misc. No.2972 of 2017 (3) dt.09-03-2017 2/2 Submission of the petitioner is that petitioner had also lodged Turkaulia (Banjaria) Police Station Case No. 244 of 2015 for the murder of her husband and the allegation of commission of murder is against the named person.

Considering the aforesaid facts and the fact that the petitioner is a female and some other co-accused have been allowed anticipatory bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 8642 of 2014, let the petitioner, above named, in the event of her arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari/Successor Court in connection with Turkaulia (Banjaria) Police Station Case No. 354 of 2015 (G.R. Case No. 2124 of 2015), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Kundan (Birendra Kumar, J) U T