Sangita Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56893 of 2015 Arising Out of PS.Case No. -111 Year- 2015 Thana -VIDYAPATINAGAR District- SAMASTIPUR ======================================================

1. Sangita Devi, wife of Shiv Shankar Sah

2. Chandra Kala Devi wife of Balkeshwar Sah Both are resident of Village- Harpur Bochaha, P.S.- Vidyapatinagar, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Shailendra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-02-2016 Heard learned counsel for the petitioners and counsel for the State.

In this case, the petitioners are seeking bail in connection with Vidyapatinagar P.S. Case No. 111 of 2015 in connection with Section 302/34 of the Indian Penal Code. In the allegation portion, it has been mentioned that the marriage of the daughter of the Informant was solemnized 17 years earlier and, on the date of occurrence, all the family members including the petitioners have actively participated in strangulation with the help of plastic rope and, on that account, the victim died.

In the First Information Report, active participation of

Patna High Court Cr.Misc. No.56893 of 2015 (3) dt.09-02-2016 the petitioners has been mentioned. Learned counsel for the petitioners submits that there is already a partition in the family and the petitioners are living separately having no connection with the family of the victim and they have wrongly been roped in the present case.

Petitioner no.1, namely, Sangita Devi is the Gotni and petitioner no.2, namely, Chandra Kala Devi is the mother-in-law of the victim lady.

Looking to the facts and circumstances of the entire case, let the petitioner no.1, namely, Sangita Devi be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Samastipur in connection with Vidyapatinagar P.S. Case No. 111 of 2015.

The prayer for bail of the petitioner no.2, namely, Chandra Kala Devi is rejected with a liberty to renew her prayer for bail after one year of judicial custody.

(Shivaji Pandey, J) Rishi/- U T