Gayatri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53308 of 2019 Arising Out of PS. Case No.-117 Year-2018 Thana- PARASBIGHA District- Jehanabad ====================================================== GAYATRI DEVI Wife of Ramji Singh Resident of Village - Ghoshi, P.S.- Paras Bigha, Distt - Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-08-2019 The petitioner apprehends her arrest in connection with Parasbigha P.S.Case No. 117 of 2018 registered under Sections 120B, 147, 149 and 302 of the Indian Penal Code . Allegation against the petitioner, as per FIR, is that the informant while sleeping in his home heard sound of crying from nearby house of one Shatrughan Singh and when he went there, he saw petitioner, along with others, was threatening Subham Kumar, son of Shatrughan Singh. Thereafter he returned back. After 10-15 minutes, informant heard that dead bodies of one Prakash Kumar and Ayushi Kumari have been recovered, which were found hanging from two ceiling fans tied to a common Sari in the house of Shatrughan Singh. Mr. Pravin Kumar, learned counsel for the petitioner submits that altogether nine accused persons have been named

Patna High Court CR. MISC. No.53308 of 2019(2) dt.26-08-2019 2/3 in the FIR along with 10-15 other unknown persons and the petitioner is not named in the FIR. He submits that name of petitioner has been dragged after a considerable delay of time pursuant to re-statement of the informant before the police. He further submits that petitioner is mother of co-accused Anand Singh and has been implicated with oblique motive as an after thought. Learned counsel also submits that named co-accused persons have been granted regular bail by this Court on the basis of submission that both the deceased have committed suicide by hanging themselves and the postmortem report shows, cause of death is asphyxia due to hanging.

On the other hand, Mr. Digvijay Singh, learned counsel for the informant, vehemently opposed the prayer for anticipatory bail to the petitioner and submits that during the course of investigation, name of the petitioner has come and in the case diary it has come to light that witnesses have disclosed that this petitioner was also involved in the offence. After having heard learned counsel for the parties and taking into consideration the fact that petitioner is not named in the FIR and it appears that deceased have committed suicide due to love affair, as such I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, abovenamed, in the event of

Patna High Court CR. MISC. No.53308 of 2019(2) dt.26-08-2019 3/3 arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Jehanabad in connection with Parasbigha P.S.Case No. 117 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T