Priyanka Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62103 of 2019 Arising Out of PS. Case No.-271 Year-2012 Thana- KOTWALI District- Munger ====================================================== Priyanka Devi (Female) aged about 24 years, Daughter of Udho Yadav @ Kailash Yadav, Resident of Village- Shankarpur, P.S.- Muffasil, DistrictMunger. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Bharat Bhushan, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-10-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner apprehends her arrest in connection with S.T.No. 611 of 2014 arising out of Kotwali P..S. Case No. 271 of 2012 registered under sections 302 I.P.C and 27 Arms Act.
Learned counsel appearing for the petitioner submits that the petitioner is not named in the first information report and she happens to be the wife of the deceased who was killed by some unknown person. Learned counsel further submits that after investigation police submitted chargesheet against one Ravi Kishun @ Faitu and others and the petitioner was not charge-sheeted however during the course of trial one of the
Patna High Court CR. MISC. No.62103 of 2019(2) dt.21-10-2019 2/3 witnesses namely Revti Raman PW 6 stated in his deposition that the deceased used to say that his wife was having some illicit relationship with Faitu i.e. Ravi Kishun and he would not allow her to live in her mayka. Learned counsel further submits that on the basis of this statement of the PW 6 the petitioner has been summoned by learned Trial Court for facing trial under Section 319 of Cr.P.C. Learned counsel relying upon Annexure3 submits that Faitu @ Ravi Kishun has been granted anticipatory bail by this Court in Criminal Miscellaneous No. 32763 of 2014.
Having regard to the submissions made by the parties and taking into consideration the fact that the petitioner has been summoned to face the trial under Section 319 and from perusal of the statement of PW 6 at Annexure-2, it transpires that only suspicion had been raised by the deceased against his wife regarding having his wife some illicit relationship with Faitu @ Ravi Kishun, I am inclined to grant anticipatory bail to the petitioner.
Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond
Patna High Court CR. MISC. No.62103 of 2019(2) dt.21-10-2019 3/3 of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge Ist Munger in connection with S.T. No. 611 of 2014 (Arising out of Kotwali P.S. Case No. 271 of 2012, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anil Kumar Sinha, J) Anjula/- U