Guriya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36384 of 2015 Arising Out of PS.Case No. -7 Year- 2015 Thana -BAUNSI District- BANKA ======================================================

1. Guriya Devi Wife of Binay Singh, resident of Village- Chikanmati, P.S.- Baunsi, District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhola Prasad, Advocate For the Opposite Party/s : Mr. B. N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-11-2015 Heard both sides.

The petitioner apprehends her arrest in a case under Section 302, 201/34 of the Indian Penal Code. The petitioner is not named in the FIR. It is submitted that the name of the petitioner figured in the case on mere suspicion. Nobody has supported the occurrence but it appears that the dead body was recovered from an agricultural filed (Bahiyar) and dragging of the dead body was traced up to the house of the petitioner. The petitioner was not found in her house. It has come that in the previous evening the petitioner, who is a dancer, was found along with Sunil Gandharv. In paragraph 42 of the case diary it is mentioned that the deceased was identified as Ram Chandra Prasad Yadav.

Patna High Court Cr.Misc. No.36384 of 2015 (3) dt.03-11-2015 2/2 Considering the fact that mark of dragging was found from the house of the petitioner till the place of recovery of the dead body, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. The petitioner, if so advised, may surrender in the court below, i.e., Sri A. Pandey, learned Judicial Magistrate, 1st class, Banka in Baunsi P.S. case No. 7/2015, and the court below shall consider the prayer for regular bail without being prejudiced from the order of this court.

(Prabhat Kumar Jha, J) BKS/- U T