Sunaina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.530 of 2023 Arising Out of PS. Case No.-565 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== Sunaina Devi Wife Of Shiv Sah Resident Of Village - Jaukatiya, P.S.- Majhaulia, District - West Chamapran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending her arrest in a case registered for the offence punishable under Sections 304(B), 201, 34 of the Indian Penal Code.

Petitioner along with other accused persons are said to have committed murder of the daughter of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner is the Jethani of the deceased. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that the husband of the deceased is already in judicial custody. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Patna High Court CR. MISC. No.530 of 2023(2) dt.21-03-2023 2/2 Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Majhaulia P.S. Case No. 565 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

However, learned court below is directed to accept the bail bond of the petitioner after verifying the fact that whether the husband of the deceased is in judicial custody or not.

(Anjani Kumar Sharan, J) devendra/- U T