Nirmala Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55414 of 2015 Arising Out of PS.Case No. -66 Year- 2015 Thana -AURAI District- MUZAFFARPUR ====================================================== Nirmala Devi, wife of Late Ramjanam Rai, resident of Village-Lahasurka, P.S.-Tariyanee, District-Sheohar .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Hari Kishore Thakur For the Opposite Party/s : Mr. A.Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-12-2015 Heard learned counsels for the petitioner, informant and the State.
Petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 363, 365, 364 of the Indian Penal Code. Subsequently Charge-sheet has been submitted under Section 302 I.P.C against Amirnath Rai and others when investigation is kept pending against the petitioner.
The prosecution case is that informant's daughter went to the market but she did not return. Subsequently, it has been found that she has been killed and dead body was recovered from a well situated in the village of co-accused Amirnath Rai. It is alleged against the petitioner that petitioner was also in league with the main accused Amirnath Rai.
It is submitted by learned counsel for the
Patna High Court Cr.Misc. No.55414 of 2015 (2) dt.07-12-2015 2/2 petitioner that petitioner is mother-in-law of the victim and no direct material has been collected against the petitioner. Moreover, investigation is kept pending against the petitioner. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the circumstantial nature of accusation and petitioner having no criminal antecedent, let the petitioner, above named, in the event of her arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur in connection with Aurai P.S. Case No. 66 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Shageer/- U T