Champa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43718 of 2016 Arising Out of PS.Case No. -140 Year- 2016 Thana -RAMGARH District- BHABHUA (KAIMUR) ====================================================== Champa Devi, Wife of Shiv Govind Thakur Resident of VillageSadullahpur, P.S.- Ramgarh, District- Kaimur (Bhabhua). .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Kumar Sunil For the Opposite Party/s : Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Ramgarh P.S. Case no. 140 of 2016, registered under Sections 302, 201/34 of the Indian Penal Code.

The allegation of informant Manoj Kumar Thakur is that before 20 years his sister Suman Devi was married with Shiv Gobind Thakur and three children were born out of the wedlock and in spite of that his brother-in-law Shiv Gobind Thakur performed his second marriage with this petitioner before 9 to 10 years and due to their wedlock three children were also born. On 29.06.2016, he received information on his mobile that his brother-in-law has killed his sister. Then on 01.07.2016, he reached at the house of his sister and found that the house was locked and none was present. Thereafter, informant expected that his sister has been killed by his brother-in-law and his

Patna High Court Cr.Misc. No.43718 of 2016 (2) dt.19-10-2016 2/2 second wife.

Learned counsel for the petitioner submits that, in fact, due to illness sister of the informant, first wife of the petitioner's husband, died and information regarding the occurrence has also given to the informant and he also participated in the funeral, but due to some ulterior motive, this false case has been lodged with allegation to commit murder of his sister by his brother-in-law and this petitioner. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of her 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) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur (Bhabua) in connection with Ramgarh P.S. Case No. 140 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T