Shaila Devi @ Shaliya Devi @ Shaliya And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58425 of 2018 Arising Out of PS.Case No. -71 Year- 2018 Thana -CHERIYA BARIYARPUR DistrictBEGUSARAI ======================================================
1. SHAILA DEVI @ SHALIYA DEVI @ SHALIYA, W/o S/o Suresh Sahni,
2. Renu Devi, W/o Sanjeet Sahni, Both R/o Vill.- Sripur, P.S.- ChriaBariarpur, District- Begusarai. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Yogesh Kumar, Advocate. For the Opposite Party : Mr. Anish Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-09-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners are apprehending their arrest in a case for the offence registered under Sections 302 and 201/34 of the IPC.
The prosecution story, in brief, is that Kumkum Devi, daughter of the informant, was married with co-accused Ranjit Sahni 14 years ago and had blessed with three sons and one daughter. The husband of the deceased was living in Jaipur and working as labourer. In her in-laws' house, the deceased was being tortured and harassed by the petitioners as well as other
Patna High Court Cr.Misc. No.58425 of 2018 (2) dt.18-09-2018 2/3 members of in-laws family. For that after calling the husband of the deceased from Jaipur, on 03.05.2018 in the night, the petitioners alongwith other co-accused Ranjit Sahni, Sanjeet Sahni, Suresh Sahni with the help of other unknown persons had committed murder of the deceased and concealed the dead body of the deceased.
It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. After 14 years of marriage, the alleged incident is said to have taken place. The petitioners are mother-inlaw and Gotani of the deceased. They are separate in mess and property from the husband of the deceased. The husband of the deceased is in custody. There is no eye witness to the alleged occurrence nor there is circumstantial evidence to suggest the implication of the petitioners in the present case. On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of
Patna High Court Cr.Misc. No.58425 of 2018 (2) dt.18-09-2018 3/3 Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Manjhaul, in connection with Cheria Bariyarpur P.S. Case No. 71/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T