Manita Devi @ Manisha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6954 of 2017 Arising Out of PS.Case No. -163 Year- 2016 Thana -NAWADA MUFFASIL District- NAWADA ====================================================== Manita Devi @ Manisha Kumari, Wife of Sheo Shankar Singh, Resident of Village-Pakariya, P.S. Mufasil Nawadah, District Nawadah. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Amit Kumar Rakesh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Muffasil P.S. Case no. 163 of 2016, registered under Sections 302 and 201/34 of the Indian Penal Code.

The allegation of informant, namely, Arun Kumar is that before 30 years, the marriage of his sister was performed with Shiv Shankar Singh @ Karu Singh, but there was no issue to his sister out of her wedlock and due to that reasons, Shiv Shankar Singh @ Karu Singh performed his remarriage, but his second wife left his house. Thereafter, Shiv Shankar Singh @ Karu, husband of sister of the informant, again performed marriage with Manita Devi @ Manisha Kumari (Petitioner) before ten years. It is alleged that before 10 to 12 years, Rukmani Devi, sister of the informant, used to reside at her

Patna High Court Cr.Misc. No.6954 of 2017 (3) dt.25-04-2017 2/2 Myka and in the month of March, 2016 the sister of the informant was carried by her husband to her matrimonial house. Thereafter, informant came to know that his sister has been killed by her husband, co-wife and mother-in-law. Then informant went to the matrimonial house of his sister, where villagers also told that his sister has been killed and her dead body has been disposed.

Learned counsel for the petitioner submits that admittedly the petitioner is the co-wife of husband of Rukmani Devi (deceased), who died due to suffering from diarrhea and she was cremated in presence of the villagers. In paragraph Nos. 8, 9 and 10, the witnesses also stated that the sister of the informant died due to illness and thereafter, her last rite was performed. 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, Nawada in connection with Muffasil P.S. Case No. 163 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