Suman Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66766 of 2024 Arising Out of PS. Case No.-247 Year-2024 Thana- SIKARPUR District- West Champaran ====================================================== Suman Devi Wife of Bucha Baitha Resident of Village - Amawa Tola, Ward No.- 2, P.S.- Shikarpur, District - West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar Shrivastava, Adv.
For the Opposite Party/s :
Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Shikarpur P.S. Case No. 247 of 2024 dated 10.04.2024, instituted for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.
3. The prosecution case, in short, is that the marriage of the daughter of the informant was solemnized with coaccused Feku Baitha eight years ago and she has four children from the wedlock. It is further stated that petitioner along with co-accused persons used to harass and torture her daughter and they were demanding dowry from the very inception of marriage. On 09.04.2024, at about 10:00 P.M., co-accused Feku Baitha made a phone call to the informant and told that her
Patna High Court CR. MISC. No.66766 of 2024(2) dt.10-01-2025 2/3 daughter is missing. It is further alleged that on the very next day i.e. on 10.04.2024, informant and her family members went to her daughter's matrimonial home but didn't find her there, however they got information from the villagers that her daughter has been killed and body of the deceased was thrown in the river. All the accused have fled away except one old lady.
4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in this case. It is submitted that petitioner is the wife of brother of the husband of the deceased. It is submitted that deceased was the second wife of Feku Baitha and the petitioner is the wife of elder brother of Feku Baitha, she is also one of the daughter-inlaw of the family. It is submitted that the petitioner along with his family lives separately from Feku Baitha. Learned counsel for the petitioner submits that the husband of the deceased and second wife of the husband of the deceased have been granted anticipatory bail vide Criminal Miscellaneous No. 58597 of 2024 and Criminal Miscellaneous No. 68022 of 2024 by this Court. It is also submitted that there is no specific allegation against the petitioner rather the allegation is general and omnibus. Lastly, it is submitted that the petitioner has no criminal antecedent.
Patna High Court CR. MISC. No.66766 of 2024(2) dt.10-01-2025 3/3
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Shikarpur P.S. Case No. 247 of 2024, she shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bettiah, West Champaran, subject to condition as laid down under Section 438(2) of the Cr.P.C..
(Khatim Reza, J) prabhat/- U T