Patna High Court - Orders
Chinta Devi vs The State Of Bihar on 19 December, 2018
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.72399 of 2018
Arising Out of PS. Case No.-80 Year-2018 Thana- DANDKHORA District- Katihar
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Chinta Devi W/o Sakaldeo Chauhan, Resident of Village-Nawada, P.S.-
Dandkhora, District-Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Jha
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
3 19-12-2018The petitioner seeks bail in anticipation of his arrest in connection with Dandkhora P. S. Case No. 80 of 2018 dated 28.08.2018 instituted for the offences under Sections 302, 201, 120B and 34 of the Indian Penal Code.
The deceased is the brother of the informant. It has been alleged that the deceased had married one Sima of the same village which initially was not liked by the parents of aforesaid Sima. However, later, the relationship between the deceased and his wife as well as his in-laws became very strained. For the last several days, it has been alleged, the deceased had been residing in his wife's house and thereafter his dead-body was found hanging from a tree. On Patna High Court Cr.Misc. No.72399 of 2018(3) dt.19-12-2018 2/2 seeing the dead-body, the informant could sense that the deceased was hit in his testicles. The informant therefore suspected that because of the strained relationship of the petitioner who is the mother-in-law of the deceased and the other members of her family, the petitioner and others may have committed the murder of the deceased.
Mr. Bhola Prasad, learned counsel for the petitioner has submitted that the petitioner is being prosecuted in this case only on the basis of suspicion and that also on the assumption of the informant that the deceased did not have good relations with his in-laws or his wife.
Call for the legible xerox / carbon copy of the case diary of Dandkhora P. S. Case No. 80 of 2018 from the Court of learned S.D.J.M., Katihar and list this case after receipt of the same.
In the meantime, let no coercive steps be taken against the petitioner.
(Ashutosh Kumar, J) skm/-
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