Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47911 of 2019 Arising Out of PS. Case No.-134 Year-2018 Thana- PARASBIGHA District- Jehanabad ====================================================== BABITA DEVI Wife of Arun Prasad Resident of Village - Rangu Bigha, P.S.- Paras Bigha, Distt - Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Bhushan Kumar For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-08-2019 Heard learned counsels for the petitioner and the State.

The petitioner, being the brother's wife of the husband of the victim is apprehending arrest in a case registered for the offences punishable under Sections 304B and 201/34 of the IPC. The prosecution case, as per the written report of Birendra Prasad, dated 03.08.2018 submitted to the Station House Officer, Paras Bigha Police Station, is to the effect that the daughter of the informant, Rubi Kumari was married with coaccused Sulesh Kumar in the year 2007 and after two years of marriage, they were blessed with a male child, subsequently, the

Patna High Court CR. MISC. No.47911 of 2019(2) dt.01-08-2019 2/3 victim was tortured and ultimately she was killed on 20.07.2018 by the petitioner including all the in-law family members. It is submitted by learned counsel for the petitioner that the thrust of accusation is against the husband of the victim and the petitioner claims to be separate from the husband of the victim. It is further submitted that as per own statement of the informant, the victim was killed after eleven years of the marriage, hence, the case under Section 304B IPC is not made out.

Learned APP submits that the petitioner is named in the FIR.

Considering the thrust of accusation against the husband of the victim and the petitioner being a lady, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Paras Bigha P.S. Case No. 134 of 2018, subject to the condition as laid down under Section 438(2)

Patna High Court CR. MISC. No.47911 of 2019(2) dt.01-08-2019 3/3 of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T