Patna High CourtCR. MISC./38993/2016bail granted

Nitu Devi v. The State Of Bihar

2016-09-17Mr. Justice Mungeshwar Sahoo2 pages

Patna High Court Cr.Misc. No.38993 of 2016 (2) dt.17-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38993 of 2016 Arising Out of PS.Case No. -117 Year- 2016 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. Nitu Devi D/o Ramswaroop Rai, Resident of Village- Balwa Kuwari, P.S. Sadar Hajipur District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Bansh Dubey For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 17-09-2016 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner namely Nitu Devi is in custody since 26.03.2016 in Hajipur Sadar P.S. Case No.117 of 2016 under Sections 302/34/201/120B of the Indian Penal Code. The allegation according to the prosecution case is that the informant learnt that the present petitioner, who is wife of the deceased, and the other co-accused persons committed murder of the husband of this petitioner and had concealed the dead body. The informant further alleged that the husband of this petitioner was called by the co-accused persons and then he became traceless.

Patna High Court Cr.Misc. No.38993 of 2016 (2) dt.17-09-2016 Admittedly, the petitioner is the wife of the deceased. She has got 8 months pregnancy. She is being treated by the Doctor as her mental condition is upset which is evident from the order of the District & Sessions Judge, Hajipur. Except the suspicion that this petitioner with co-accused persons got her husband murdered as she has got illicit relation with one of the coaccused, there is nothing on record against this petitioner. Considering the above facts that the petitioner is a lady and is pregnant, her mental condition is upset and that she is in custody since 26.03.2016, I direct that the petitioner named above be released on bail on furnishing bail bond of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the Court of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No.117 of 2016.

(Mungeshwar Sahoo, J) Saurabh/- U T