Nutan Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.2360 of 2017 (2) dt.09-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2360 of 2017 Arising Out of PS.Case No. -886 Year- 2016 Thana -SAHARSA District- SAHARSA ====================================================== Nutan Devi, D/o Suresh Yadav, W/o Late Ranjit Kumar Yadav R/o Vil.- Bhelva, PS Saharsa Sadar, Dist.-Saharsa, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Neeraj Kumar, Advocate. For the Opposite Party/s : Mr. Smt. Anusuiya Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Saharsa Sadar P.S. Case No. 886 of 2016 registered under Sections 302, 324, 326 and 201/34 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Saharsa. The allegation of informant is that the marriage of his son was performed with this petitioner in 2012 but there was some dispute after marriage. After Panchayati, on 11.10.2016, his son had gone on motorcycle to take his wife (petitioner) in Bidai at his Sasural. When his son did not return on next day then informant talked with in-laws of his son, who told him that his son returned back on the same day but his son had not returned to his house. On

Patna High Court Cr.Misc. No.2360 of 2017 (2) dt.09-02-2017 search, the dead body of his son was found near the river, kept in plastic bag, sustaining cut injury at neck. Informant raised suspicion against the petitioner, who is the wife of his son, and other in-laws of having hand in the murder of his son. Learned counsel for the petitioner submits that petitioner, who is the wife of the deceased, has falsely been implicated in this case mere on suspicion.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, her prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T