Arti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51731 of 2019 Arising Out of PS. Case No.-142 Year-2019 Thana- RAJPUR District- Buxar ====================================================== ARTI DEVI Wife of Late Sunil Singh Resident of Village - Kochadi, P.S.- Rajpur, District - Buxar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Roy For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Rajpur P.S. Case No.142 of 2019 registered under Sections 304(B)/34 of the Indian Penal Code.

The accusation is that the marriage of Sima Devi, the daughter of the informant Guput Chauhan, was performed with G.K. Lal Chauhan. Thereafter, the daughter of the informant was being tortured for non-fulfillment of the dowry demand of cash Rs.50,000/- by her husband. In the meantime, G.K. Lal Chauhan, the husband of the daughter of the informant, performed the marriage secretly with Arti Devi (petitioner) and started to keep her in his house as concubine. Thereafter, the

Patna High Court CR. MISC. No.51731 of 2019(2) dt.20-08-2019 2/3 daughter of the informant was assaulted by her husband through lathi and this petitioner twisted the hand of the daughter of the informant, whereas the mother-in-law of the daughter of the informant caused injury on the head of the daughter of the informant through Khurpa. Thereafter, this petitioner and Gudia Devi, the nanad of the daughter of the informant, gave poison to the husband of the daughter of the informant, who administered the poison to the daughter of the informant and the daughter of the informant died.

Learned counsel for the petitioner submits that, in fact, the petitioner is already married lady and there is no relation of the petitioner with the husband of the daughter of the informant but due to misconception and ulterior motive, the petitioner has falsely been implicated in this case. Moreover, there is allegation in the F.I.R. that the daughter of the informant was assaulted by her husband, mother-in-law and Arti Devi but in the post-mortem examination of the daughter of the informant, no external injury was found on her person. The petitioner, who is lady, has no criminal antecedent. The husband of the daughter of the informant is already in custody. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of her

Patna High Court CR. MISC. No.51731 of 2019(2) dt.20-08-2019 3/3 arrest or surrender by her within six weeks from today, be enlarged on bail on her furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in connection with Rajpur P.S. Case No.142 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T