Sarita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74364 of 2019 Arising Out of PS. Case No.-116 Year-2019 Thana- NAYAGAON District- Saran ====================================================== Sarita Devi, Wife of Roop Jitan Sah, Resident of Village- Bariyar Chak, P.S.- Nayagaon, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate.

Mr.Shashank Shekhar, Advocate.

For the Opposite Party/s :

Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-09-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Nayagaon P.S. Case No. 116 of 2019, registered under Sections 304(B) and 201/34 of the Indian Penal Code. The accusation is of killing of daughter of the informant, Shiv Sah, by her husband and in-laws due to nonfulfillment of demand of four wheeler vehicle as dowry and her dead body was disposed off to conceal the evidence. Mr. Ajay Kumar Thakur, learned counsel for the petitioner submits that, admittedly, petitioner is the mother-inlaw of the deceased, daughter of the informant and after

Patna High Court CR. MISC. No.74364 of 2019(6) dt.23-09-2020 2/3 marriage, quarrel started in between deceased, daughter of the informant with her husband, son of the petitioner due to that reason, both sons of the petitioner started to live separate and after some days, in the morning daughter of the informant left the house without giving information to anyone then information was also given to the informant about moving of his daughter from the house but with ulterior motive, the present case has been lodged with false allegation.

Further submission is that in course of investigation, Investigating Officer reached at the house of the petitioner, where a diary of daughter of the informant was handed to him by Mira Devi, relative of the petitioner as detailed in paragraph 36 of the case diary, wherein it is detailed that she was fed-up with her husband and left her matrimonial house. It is further submitted that co-accused, Roopjitan Sah, husband of the petitioner, has already been granted privilege of pre-arrest bail by a Bench of this Court vide order dated 07.09.2020 passed in Criminal Misc. 6412 of 2020. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.74364 of 2019(6) dt.23-09-2020 3/3 amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, Saran, in connection with Nayagaon P.S. Case No. 116 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T