Sutishna Devi @ Baijanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9907 of 2021 Arising Out of PS. Case No.-320 Year-2020 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Sutishna Devi @ Baijanti Devi, aged about 28 years, female, Wife of Bhudev Singh, Resident of Village - Isiya, P.S. - Chainpur, District - Kaimur (Bhabua).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Sunil, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-12-2021 Heard the counsel for the parties.

The petitioner seeks bail in anticipation of her arrest in connection with Chainpur P.S. Case No. 320 of 2020, dated 13.10.2020, instituted for the offences under Sections 304(B) and 34 of the Indian Penal Code. The petitioner is said to be the second wife of the husband of the deceased.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.9907 of 2021(2) dt.20-12-2021 2/3 that the deceased was married to the husband of the petitioner about 29 years ago. She had not been keeping good mental health. The further argument on behalf of the petitioner is that the deceased died because of drowning in a well.

Considering all these aspects of the matter, the husband of the deceased has been granted anticipatory bail by a Bench of this Court vide order dated 28.09.2021 passed in Cr. Misc. No. 36060 of 2021. One of the other accused persons of this case, namely, Jagwanti Devi has also been granted anticipatory bail by another co-ordinate Bench of this Court vide order dated 01.12.2021 passed in Cr. Misc. No. 8175 of 2021.

The petitioner is said to have married the husband of the deceased only with her consent. There is no specific accusation of the petitioner having goaded her husband to kill the deceased.

Regard being had to the facts afore-stated, the petitioner, in the event of her arrest or surrender before the learned Court below within a period of four weeks, is

Patna High Court CR. MISC. No.9907 of 2021(2) dt.20-12-2021 3/3 directed to be released on bail on her furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Kaimur, Bhabua in connection with Chainpur P.S. Case No. 320 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T