Shobha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68022 of 2024 Arising Out of PS. Case No.-247 Year-2024 Thana- SIKARPUR District- West Champaran ====================================================== Shobha Devi Wife of Feku Baitha Resident of Village- Amawa Tola, PSShikarpur, Distt.- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar Shrivastava, Advocate For the Opposite Party/s :
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-12-2024 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 daughter of the informant was solemnized with one Feku Baitha and she has four children. But the petitioner and his family members used to assault her daughter for dowry. On 09.04.2024 at about 10 pm, co-accused Feku Baitha informed her on mobile that her daughter is traceless and on 10.04.2024 when informant along with her husband went at the house of her daughter, she was not there. It is further stated that villagers
Patna High Court CR. MISC. No.68022 of 2024(3) dt.17-12-2024 2/3 disclosed that accused persons have killed her daughter and committed funeral in the night and they have fled away from the house.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that petitioner is the first wife of coaccused Feku Baitha. The deceased was the second wife of Feku Baitha. Four children were born out of wedlock with second wife (deceased) of Feku Baitha. It is next submitted that petitioner has no concern with the deceased and her husband and she resides at her parental home. There is no whisper against the petitioner in the FIR. Lastly, it has been submitted that petitioner has no criminal case against him.
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, he/they 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
Patna High Court CR. MISC. No.68022 of 2024(3) dt.17-12-2024 3/3 learned Chief Judicial Magistrate, West Champaran, Bettiah, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) Sankalp/- U T