Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87213 of 2019 Arising Out of PS. Case No.-56 Year-2019 Thana- MANJHAGARH District- Gopalganj ====================================================== SHANTI DEVI W/o Suresh Baitha Resident of Village - Mishrwaliya, P.S.- Majhagardh, Distt.- Gopalganj.

... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Ajay Mishra, Advocate.

For the State :

Mr. Rajiv Nayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-01-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Manjhagarh P.S. Case No.56 of 2019 registered under Sections 302 and 201/34 of the Indian Penal Code.

The accusation is that the marriage of Sangita Kumari, the daughter of the informant Amal Baitha, was performed 13 years ago with Butan Baitha, son of Suresh Baitha, resident of village-Mishrwalia, Police StationManjhagardh, District-Gopalganj. Due to wedlock, Sangita Kumari, the daughter of the informant, was blessed with three children. Butan Baitha, the husband of Sangita Kumari, the daughter of the informant, used to reside in the State of

Patna High Court CR. MISC. No.87213 of 2019(2) dt.20-01-2020 2/3 Maharashtra to earn the livelihood and, in his absence, Sangita Kumari, was being tortured by her father-in-law and mother-inlaw Shanti Devi (petitioner) through various modes. On 26.02.2019, the informant received the call on his mobile that his daughter and granddaughter have been died due to burn. Thereafter, when the informant reached at the Sasural village of his daughter, he found the house locked. On query from villagers, the informant came to know that his daughter and granddaughter have been burnt to death by her father-in-law and mother-in-law (petitioner) and two other children of his daughter have been concealed.

Learned counsel appearing on behalf of the petitioner submits that, in fact, the marriage of Sangita Kumari, the daughter of the informant, was performed 13 years ago with Butan Baitha, the son of the petitioner. While Sangita Kumari was engaged in cooking the meal, she and her daughter received burn injury and they were tried to save but they died. Thereafter, their last funeral ceremony was performed but with an ulterior motive, the informant has lodged the present case against the petitioner and her husband. The petitioner, who is lady, has no criminal antecedent and is in custody since 05.03.2019. On investigation, the police has already submitted

Patna High Court CR. MISC. No.87213 of 2019(2) dt.20-01-2020 3/3 the charge-sheet against the petitioner.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj, in connection with Manjhagarh P.S. Case No.56 of 2019. (Rajendra Kumar Mishra, J) P.S./- U T