Gita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35706 of 2016 Arising Out of PS.Case No. -7 Year- 2016 Thana -AWTARNAGAR District- SARAN ====================================================== Gita Devi, wife of Kusheshwar Singh, resident of Village- Jhaua Basant, P.S.- Awatar Nagar, District- Saran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Kumar Singh, Advocate. For the Opposite Party : Mr. Sri Nityanand, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending her arrest in connection with Awatar Nagar P.S. Case No. 07 of 2016 for the offences instituted under Sections 302/34 of the IPC.

The prosecution story, in brief, is that while the informant was on duty, he got rumour that a girl has fallen down from a Train and lying in injured condition near Kothiya Railway Bridge. He went and saw the father of the girl and other villagers present there. Her father disclosed her name as Sanju Kumari aged about 18 years. She succumbed to the injury while she was in way to Hospital and thereafter her dead body was brought to Awatar Nagar Police Station. The villagers disclosed that the girl was

Patna High Court Cr.Misc. No.35706 of 2016 (3) dt.13-12-2016 2/2 pushed from the Train by her parents as she was pregnant. The villagers disclosed the name of her parents as the petitioner and Kusheshwar Singh.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is a lady. She has been made accused in the present case merely on the basis of suspicion. There is no substantive evidence to suggest her implication in the present case. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of her arrest or surrender before the learned court below within a period of six weeks from today in connection with Awatar Nagar P.S. Case No. 07/2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saran at Chapra, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T