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Patna High Court - Orders

Pritee Devi vs The State Of Bihar on 27 August, 2021

Author: Sudhir Singh

Bench: Sudhir Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10034 of 2021
                      Arising Out of PS. Case No.-26 Year-2020 Thana- GOBARDHANA District- West
                                                        Champaran
                 ======================================================
                 PRITEE DEVI W/o Vijay Chaudhary Resident of Pathri, P.S.- Gobardhana,
                 Distt- West Champaran
                                                                       ... ... Petitioner/s
                                             Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Bimlesh Kumar Pandey
                 For the Opposite Party/s :      Mr.A.G
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                                       ORAL ORDER

2   27-08-2021

Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

The petitioner is apprehending her arrest in Ramnagar P.S. Case No. 26 of 2020 registered under Sections 302, 201/34 of the Indian Penal Code.

According to FIR, sister of the informant was married with co- accused Pappu Chaudhary and he had illicit relation with his Bhabhi which was protested by his sister and due to which, all the accused persons including the petitioner killed her sister Babita Devi by strangulation.

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 Patna High Court CR. MISC. No.10034 of 2021(2) dt.27-08-2021 2/2 has been falsely implicated in the present case. The petitioner is a lady. The petitioner happens to be Gotani of the deceased. She is separate in mess and property from husband of the deceased. She has got no concern with the alleged occurrence. The husband of the deceased is in custody.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/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 Additional Chief Judicial Magistrate-IV, Bagaha, West Champaran in connection with Ramnagar P.S. Case No. 26 of 2020, 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.

(Sudhir Singh, J) A.K.V.//-

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