Nitu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60430 of 2024 Arising Out of PS. Case No.-73 Year-2024 Thana- RAXAUL District- East Champaran ====================================================== 1.

Nitu Devi W/o Rampradarthk Chaudhary @ Rampradarth Chaudhri, D/o Late Surendra Patel R/o vill - Kudarkat, Chauradano, P.S. - Raxaul, Hardiya, Distt. - East Champaran, Bihar 2.

Anil Patel S/o Surendra Raut @ Late Surendra Raut @ Late Surendra Patel R/o vill - Gamhariya, Hardiya, ward no. 4, P.S. - Raxaul, Distt. - East Champaran, Bihar 3.

Radha Devi D/o Rama Chaudhari Resident of Village - Gamhariya, Hardiya, P.S.- Raxaul, District- East Champaran. R/o P.S - Jitna, Distt. - East Champaran, Bihar and also W/o Anil Patel, Vill - Gamhariya, Hardiya, ward no. 4, P.S. - Raxaul, Distt. - East Champaran, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Utkarsh Bhushan For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-12-2024 Heard learned counsel for the petitioners as well as the learned APP for the State.

2. The petitioners apprehend their arrest in connection with Raxaul P.S. Case No. 73 of 2024, registered for the offences punishable under Sections 306 and 34 of the Indian Penal Code.

3. As per allegation, the marriage of the deceased was solemnized with co-accused Arpan Patel, nine years prior to the occurrence. On 12-03-2024, the informant got an information

Patna High Court CR. MISC. No.60430 of 2024(3) dt.09-12-2024 2/3 that his daughter has died. The accused persons, named in the FIR, including the petitioners and two unknown persons, after torturing her by pressing her throat and gouging her eyes, killed her.

4. Learned counsel for the petitioners submits that petitioner no. 1 is married sister of husband of the deceased, petitioner no. 2 is brother of husband of the deceased, and petitioner no. 3 is sister-in-law of the deceased. They have nothing to do with day-to-day affairs of the couple. The occurrence had taken place after 10 years of the marriage. As a matter of fact, the victim herself committed suicide, which is corroborated by the post-mortem report, as no external injury was found on her person. He has also submitted that mother-inlaw of the deceased has been granted regular bail by this Court vide order dated 21.08.2024 in Cr. Misc. No. 58288 of 2024.

5. It appears that the petitioners are married Nanad, Devar, and Gotini of the deceased. They are supposed to have no relation with the day-to-day affairs of the couple. Admittedly, the marriage has taken place 10 years prior to lodging of the FIR.

6. Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or

Patna High Court CR. MISC. No.60430 of 2024(3) dt.09-12-2024 3/3 surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Raxaul in connection with Raxaul P.S. Case No. 73 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) kundan/- U