Gita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61302 of 2017 Arising Out of PS. Case No.-149 Year-2015 Thana- SIKANDARA District- Jamui ====================================================== Gita Devi W/o Diwakar , R/o- Village- Kumar, P.S.- Barhat, District- Jamui. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Niranjan Parihar For the Opposite Party/s :
Mr. AHTASH ALI KHAN ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-12-2017 Heard learned counsels for the petitioner and State. The petitioner being the married sister of the husband of the victim is apprehending arrest in a case registered for the offences punishable under Sections 302 and 201/34 of the IPC. The prosecution case got initiated by filing of Complaint Case No. 129C of 2015 on 10.08.2015 by Raghunandan Singh, which got registered as Sikandara P.S. Case No. 149 of 2015 on 26.10.2015, after being transferred under Section 156(3) Cr. P.C. The accusation is of killing the daughter of the informant and disposing of the dead body.
It is submitted by learned counsel for the petitioner that the petitioner is the married sister of the husband of the victim and she used to reside at her matrimonial house. Admittedly, the informant is not the eye-witness to the occurrence and only on
Patna High Court Cr.Misc. No.61302 of 2017(2) dt.19-12-2017 2/2 suspicion, all the in laws family members have been implicated in the present case. The informant's daughter died due to accidental burn injury for which she was provided medical assistance also. Moreover, for the occurrence of 01.08.2015, the complaint was filed on 10.08.2015, which got registered as a police case on 26.10.2015 when the victim died on 30.05.2015. Above all, the mother of the husband of the victim has been granted privilege of anticipatory bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 30082 of 2017.
Considering the fact that the thrust of accusation is against the husband of the victim and the petitioner being a lady and the married sister of the husband of the victim, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM-II, Jamui in connection with Sikandara P.S. Case No. 149 of 2015, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T