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Patna High CourtCR. MISC./61612/2019bail granted

Budhni Devi @ Budni Devi v. The State Of Bihar

2019-10-16Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61612 of 2019 Arising Out of PS. Case No.-132 Year-2019 Thana- BANKA District- Banka ====================================================== BUDHNI DEVI @ BUDNI DEVI Wife of Pappu Rai Resident of Village - Rainiya, P.S.- and Dist.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.P.K Chaurasiya (App 119) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-10-2019 The petitioner apprehends his arrest in connection with Banka P. S. Case No. 132 of 2019 registered under Sections 302/34 of the Indian Penal Code.

Allegation against the petitioner, as per FIR, is that murder of daughter of the informant has been committed by the husband of the deceased under the influence of the petitioner. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in this case inasmuch as she has not committed any offence in the manner alleged. He submits that from perusal of the FIR, it would be evident that the deceased was killed by her husband due to some family problem and the petitioner is neighbour of the family of the deceased and has no role to play in the family affair of the deceased and her husband.

Patna High Court CR. MISC. No.61612 of 2019(2) dt.16-10-2019 2/2 Having regard to the submissions made by the parties and taking into consideration the fact that petitioner appears to be a neighbour of the husband of the deceased and merely apprehension has been raised in the FIR that the husband of the deceased was having friendly relation with the petitioner, as such I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Banka in connection with Banka P.S.Case No. 132 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T