Mamta Devi @ Mamta Kumari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33311 of 2016 Arising Out of PS.Case No. -79 Year- 2016 Thana -AKBARPUR District- NAWADA ======================================================
1. Mamta Devi @ Mamta Kumari Wife of Bipin Kumar, Resident of Village- Kasichak, P.S- Rajauli, District- Nawada, Bihar.
2. Bibha Kumari, Wife of Rakesh Kumar Rakesh Singh.
3. Vimla Devi, Wife of Satish Prasad @ Satish Singh, Both Resident of Village- Farha, P.S.- Akbarpur, Dist- Nawada. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Soni Shrivastava For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-08-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Akbarpur P.S. Case No.79 of 2016 registered under Sections 302, 201 and 120(B)/34 of the Indian Penal Code. The allegation of informant Puja Kumari is that her marriage was performed with Nitesh Ranjan son of Rajendra Singh on 20.04.2016. When she reached at her Sasural then her brothers-in-law Satish Kumar and Rakesh Singh started to abuse her husband and her husband was separated her. Thereafter, dispute was also aroused in between her husband and his brotherin-law Bipin Kumar due to not returning of Rs. 2 lacs, which was
Patna High Court Cr.Misc. No.33311 of 2016 (2) dt.24-08-2016 2/3 taken by him to her husband. She was residing with her husband at Janakpur. On 08.05.2016, Bipin Kumar, Satyam Kumar, Rakesh Singh, Satish Singh and petitioners came at the house on Bolero and asked her husband for going at Gaya Station on pretext that brother-in-law is coming from Rajasthan. When she made query, on mobile of her husband then Satyam Kumar informed that all have reached at village. On the next day, she was informed by villager Satyendra Singh that her husband is killed and his dead body has been disposed of.
Learned counsel for the petitioners submits that in fact, the informant and petitioner no.1 is sister as the petitioner nos. 2 and 3 are sister-in-law of the deceased. The deceased committed suicide due to matrimonial disturbance and the petitioners, who are lady, have falsely been implicated in this case by the informant, who is wife of the deceased due to ulterior motive.
Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M.-1, Nawada in connection
Patna High Court Cr.Misc. No.33311 of 2016 (2) dt.24-08-2016 3/3 with Akbarpur P.S. Case No. 79 of 2016 subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Rajendra Kumar Mishra, J) Shail/- U T