Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8361 of 2021 Arising Out of PS. Case No.-167 Year-2020 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== ANITA DEVI Wife of Late Dayanand Mandal Resident of Village - Pakrail, Chandanpur, P.S.- Maheshkhunt, District - Khagaria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

M/s Krishna Pd. Singh, Sr. Advocate Praveen Kumar Agrawal, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-07-2021 Heard learned senior counsel appearing for the petitioner and learned A.P.P. for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Sahebpur Kamal P.S. Case no. 167 of 2020 registered under sections 302, 201 and 34 of the Indian Penal Code.

As per allegation in the F.I.R., it is stated by the informant that he received information about the discovery of a dead body next to the river and the F.I.R. was registered against unknown.

It is submitted by learned senior counsel appearing for the petitioner that the name of the petitioner transpired in course

Patna High Court CR. MISC. No.8361 of 2021(3) dt.08-07-2021 2/3 of investigation. It further transpired that the wife of the deceased who is the petitioner herein was forced out of the house along with children by her husband as a result of her extramarital affairs. It is submitted that as per the confessional statement of the petitioner made before police, although the same is of no value, the allegation against the petitioner is that she entered into conspiracy with the accused persons and it was one other co-accused who killed her husband. The petitioner has remained in custody since 25.6.2020 and investigation in the case has concluded. She has no criminal antecedent. The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner having remained in custody for more than one year together with investigation in the case having concluded, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Sahebpur Kamal P.S. Case no. 167 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai. It is directed that the petitioner shall cooperate in the

Patna High Court CR. MISC. No.8361 of 2021(3) dt.08-07-2021 3/3 trial. In case, the learned trial Court is of the opinion that the trial is being delayed due to non-cooperation on part of the petitioner, it may cancel the bail bond of the petitioner and take her into custody till conclusion of the trial. Spd/- (Partha Sarthy, J) U T