Sarita Devi @ Bhabhi Sarita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72839 of 2024 Arising Out of PS. Case No.-174 Year-2024 Thana- DHAMDAHA District- Purnia ====================================================== Sarita Devi @ Bhabhi Sarita Devi Wife of Raju Das Resident of VillageDamgara, Ward No. 18, P.S.- Dhamdaha, Distt.- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dheeraj Kumar, Advocate For the Opposite Party/s :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in connection with Dhamdaha P.S. Case No. 174 of 2024, instituted under Sections 302, 120(B), 34 of the Indian Penal Code.

3. As per the prosecution case, sister of the informant was married with Dharmdeo Das in the year 2015. On 17.06.2024 informant received information that his sister has been killed by her husband and the petitioner. It is alleged that there was illicit relationship between the petitioner and the husband of the deceased.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner is own Gotani of the deceased and only on the

Patna High Court CR. MISC. No.72839 of 2024(2) dt.23-10-2024 2/2 basis of suspicion her name has been surfaced in this case. Husband of the deceased is already in custody. There is general and vague allegation against the petitioner. Petitioner was living separately from the deceased and her husband. She had no concern with the family affairs of the deceased and her husband. Petitioner is a lady having no criminal antecedent. She undertakes to co-operate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnia in connection with Dhamdaha P.S. Case No. 174 of 2024, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) rakhi/- U T