Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15865 of 2016 Arising Out of PS.Case No. -119 Year- 2014 Thana -PIRPAINTI District- BHAGALPUR ====================================================== Shanti Devi, Wife of Pawan Rabidas, Resident of Village-Sadipur, P.S.- Pirpainty, District-Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Jha, Advocate For the Opposite Party/s : Mr. Md.Fahimuddin(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 26-05-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in jail since 05.03.2016 in connection with Pirpainty P.S. Case No. 119/14 for offences alleged under Sections 302, 201/34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that co-villagers of his deceased sister informed him that in the night of 22.05.2014 all the accused persons including the petitioner killed his sister by cutting her neck with sharp cutting weapon and threw her dead body in a well to conceal the evidence. It has been submitted by the learned counsel for the petitioner that he is innocent, has committed no offence and there was a land dispute as admitted by the informant in his First Information Report between the petitioner and the deceased, who is gotni of the deceased. He submits that none of the prosecution

Patna High Court Cr.Misc. No.15865 of 2016 (3) dt.26-05-2016 2/2 witnesses have seen the occurrence and suspicion has been raised against her bhainsur (brother-in-law) Pawan Ravidas, who has been granted the privilege of bail by the learned court below itself. It has further been submitted that the son of the petitioner Manish Ravidas, who has also been named in the First Information Report, has since been granted the privilege of bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 33409 of 2015 on 27.11.2015.

However, learned APP for the State submits that the petitioner is named in the First Information Report and some of the witnesses have stated about the land dispute between the parties, hence, opposes the prayer for bail.

Be that as it may, since the petitioner has been implicated on the basis of suspicion and on similar allegation other co-accused have been granted the privilege of bail, let petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate11, Bhagalpur in connection with Pirpainty P.S. Case No. 119/14, G.R. No. 1762/14.

(Nilu Agrawal, J.) Rajesh/- U T