Sumitra Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37988 of 2018 Arising Out of PS. Case No.-47 Year-2018 Thana- PANAPUR District- Saran ====================================================== Sumitra Devi Wife of Sheo Shankar Singh Resident of Village - Moriya, P.S. - Panapur, District - Saran (Chhapra).
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Upendra Kumar Chaubey For the Opposite Party/s :
Mr. Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-07-2018 Heard learned counsels for the parties.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 302 and 201/34 of the IPC.
The prosecution case, as per the written report of Bimla Devi, submitted to the SHO, Panapur is to the effect that on 2.4.2018 at 11 A.M. the elder daughter of the informant informed through mobile phone that her younger daughter Bindu Devi has been killed by her husband Munna Singh, father in-law Shiv Shankar Singh and mother-in-law Sumitra Devi (petitioner) and they are trying to conceal the dead body of the victim. On receiving such information, the informant along with her husband Suresh Singh, Vijay Singh and Santosh Singh went to the house of the in-laws of her daughter and found the house
Patna High Court Cr.Misc. No.37988 of 2018(2) dt.05-07-2018 2/3 locked. On enquiry from the neighbouring people, the informant came to know that her daughter has been killed and the dead body has been cremated.
It is submitted by learned counsel for the petitioner that the victim was mentally abrased and she was suffering from some illness. When her condition deteriorated, information to that effect was given to her parents by the in-laws family. The victim was treated by several doctors before and she was residing with her parents but when her condition started deteriorating, she was sent to the house of her in-laws. It is further submitted that the victim was lastly treated at Block Hospital where she died. The petitioner is seventy years old and admittedly the informant is not the eye witness to the occurrence.
Learned APP submits that the petitioner is named in the FIR and there is specific accusation against her. Considering the fact that from the accusation levelled in the FIR, it does not appear that any body saw the occurrence and also the fact that petitioner is an old lady, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount
Patna High Court Cr.Misc. No.37988 of 2018(2) dt.05-07-2018 3/3 each to the satisfaction of the learned ACJM-IV, Saran at Chapra, in connection with Panapur P.S. Case No.47 of 2018 subject to the conditions laid down in Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) anil/- U