Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39858 of 2017 Arising Out of PS.Case No. -246 Year- 2015 Thana -KARAHGAR District- SASARAM (ROHTAS) ====================================================== Asha Devi Wife of Sita Ram Sah, Resident of Village-Kharhara, Police Station-Kargahar (Sidhi), District-Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kumar Mishra For the Opposite Party/s : Mr. Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and the State. Petitioner is apprehending arrest in connection with Kargahar (Sidhi) P.S. Case No. 246 of 2015 for an offence under sections 306/201/34 of the Indian Penal Code. Mr. Yogesh Chandra Verma, Sr. Advocate appearing on behalf of the petitioner submits that this petitioner has clean antecedent and the allegation in the instant case has been levelled about alleged torture which led commission of suicide by the victim. He submits that in the instant case husband of the petitioner/father of the deceased-victim has been granted anticipatory bail in Cr. Misc. No. 28930 of 2017 vide order dated 1.7.2017 and in the aforesaid circumstances, the petitioner, who is a lady is entitled to the similar treatment like the husband of the

Patna High Court Cr.Misc. No.39858 of 2017 (2) dt.17-10-2017 2/2 petitioner namely, Sita Ram Sah. He submits that in fact this is an accidental death due to the reason that the victim caught naked electric wire which caused her death and in such accidental death, the petitioner cannot be fastened with the criminal accountability. Considering the fact that the husband of the petitioner of this case was granted anticipatory bail by this court in Cr. Misc. No. 28930 of 2017 vide order dated 1.7.2017, the court is inclined to grant anticipatory bail to the petitioner, named above, in the event of arrest or surrender before the 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 Chief Judicial Magistrate, Rohtas in connection with Kargahar (Sidhi) P.S. Case No. 246 of 2015 subject to the condition as laid down under section 438(2) of the Cr.P.C. with further condition that the petitioner will cooperate in the investigation and will not, in any manner, influence the evidence or the witnesses.

(Anil Kumar Upadhyay, J) Ravi/- U T