Patna High CourtCR. MISC./1661/2017bail granted

Nitu Devi v. The State Of Bihar

2017-02-04Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.1661 of 2017 (3) dt.04-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1661 of 2017 Arising Out of PS.Case No. -40 Year- 2016 Thana -TIYAR District- BHOJPUR ====================================================== Nitu Devi W/o Amit Kumar Choubey R/o Village-Sikariya, P.S. Tiyar, District-Bhojpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Harsh Singh For the Opposite Party/s : Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends her arrest in connection with Tiyar P.S. Case No. 40 of 2016 registered for the offence punishable under Sections 304B/34 of the Indian Penal Code. Krishna Devi, the daughter of the informant, was married to Sumit Chaubey @ Bhola Chaubey in the year 2011 and thereafter, Sumit Chaubey and his mother started demanding dowry and for that Krishna Devi was being tortured and assaulted. Sumit Chaubey developed illicit relationship with his bhabhi (petitioner) and thereafter, the husband and other in-laws killed her by burning which was told by Krishna Devi. Submission is of false implication and that the petitioner is living separately at Shahpur (Danapur) where her children are studying, her husband is in military service. The informant after

Patna High Court Cr.Misc. No.1661 of 2017 (3) dt.04-02-2017 knowing the reality filed compromise petition stating that his daughter Krishna Devi died due to accidental fire and as such the petitioner deserves sympathetic consideration. Learned APP fairly submits that now the informant is retracting from his earlier version.

In the facts and circumstances stated above, the petitioner above named, in case of her surrender or arrest within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Raghubir Prasad, J. M. Ist Class, Ara in connection with Tiyar P.S. Case No. 40 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T