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Patna High CourtCR. MISC./56637/2017rejected

Fuljhariya Devi v. The State Of Bihar

2017-12-06Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.56637 of 2017 (2) dt.06-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56637 of 2017 Arising Out of PS.Case No. -45 Year- 2017 Thana -ADHAURA District- BHABHUA (KAIMUR) ====================================================== Fuljhariya Devi, Wife of Ramnath Singh, R/o Village- Pokhara, P.S.- Adhaura District- Kaimur at Bhabua.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Sri Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Adhoura P.S. Case No. 45 of 2017, registered under Sections 341, 342 and 302/32 of the Indian Penal Code, pending in the court of Additional Chief Judicial Magistrate-VI, Kaimur at Bhabua.

The accusation is that in the evening of 07.08.2017 Sobhnath Sah, father of the informant, was returning at his house. At that time, Ramnath Singh, husband of the petitioner accompanied his father at his house and locked the door. Thereafter, his father was brutally assaulted by Ramnath Singh with the help of his family members. Ninhi Kumari, nephew of

Patna High Court Cr.Misc. No.56637 of 2017 (2) dt.06-12-2017 the informant, informed him then he entered in the courtyard of petitioner and took his father. While his father was rushed at Gaya for treatment, but he died in the way.

Learned counsel for the petitioner submits that petitioner is lady and she has been implicated in this case with ulterior motive as she is the wife of Ramnath Singh. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, her prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T