Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85962 of 2019 Arising Out of PS. Case No.-110 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== SHANTI DEVI Wife of Santosh Sahni Resident of Village - Rajabhar, P.S.- Majhaulia, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-09-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

The petitioner is apprehending her arrest in connection with Majhaulia P.S. case No.110/2019 registered under Sections 328/302/34 of the Indian Penal Code. Allegation is that the accused persons including the petitioner committed murder of the father of the informant by administering poison to grab the money of Indira Aawas Yojna. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is a lady. The name of the petitioner has transpired in this case merely on the basis of suspicion. Except for suspicion, there is no other substantive evidence to

Patna High Court CR. MISC. No.85962 of 2019(4) dt.13-09-2021 2/2 suggest the implication of the petitioner in this case. The informant is not an eye witness to the alleged occurrence. As per the postmortem report, there is no external injury on the body of the deceased.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on her personal bond to the satisfaction of learned C.J.M., Bettiah, West Champaran in connection with Majhaulia P.S. case No.110/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

Narendra/- (Sudhir Singh, J) U T