IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 56123 of 2019
Arising Out of PS Case No.-33 Year-2016 Thana- NARHAT District- Nawada
Shanti Devi, aged about 60 years, Gender- Female, Wife of Mahendra Singh,
Resident of Village- Nadsena, P.S- Sitamarhi, District- Nawada.
… … Petitioner/s
Versus
The State of Bihar
… … Opposite Party/s
Appearance :
For the Petitioner/s : Mr. Hansraj, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL JUDGMENT
Date : 18-12-2019
Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Narhat
(Sitamarhi) PS Case No. 33 of 2016 dated 16.03.2016 instituted
under Sections 498A and Section302/Section34 of the Indian Penal Code.
3. The petitioner along with three other family members
is accused of killing her daughter-in-law.
4. Learned counsel for the petitioner submitted that
there is false implication as the deceased had committed suicide
which has also come in the statement of witnesses during the
police investigation. It was submitted that the minor daughter of
the deceased in her statement before the police soon after the
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incident had stated that when she came home from tuition, the
door of the room of the deceased was closed and despite calling,
when she did not open, her uncle Pankaj Kumar had opened the
door and she was found hanging from the fan. Learned counsel
submitted that thereafter because of all the family members being
made accused, the minor daughter and son of the deceased went to
live with the parents of the deceased and, thus, after six months, in
their statement before the Court under Section 164 of the Code of
Criminal Procedure, 1973, they had given a tutored statement
about all the accused having killed his mother. It was submitted
that the son of the petitioner, who is the husband of the deceased
has been granted anticipatory bail by a co-ordinate Bench on
20.06.2018 in Cr. Misc. No. 18714 of 2018. It was further
submitted that the petitioner being an old lady is in custody since
22.05.2019.
5. Learned APP, from the case diary, submitted that the
allegation against the family members, including the petitioner is
of killing the deceased.
6. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, let the
petitioner be released on bail on furnishing bail bonds of Rs.
25,000/- (Twenty Five thousand) with two sureties of the like
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amount each to the satisfaction of the learned ACJM-VI, Nawada
in Narhat (Sitamarhi) PS Case No. 33 of 2016.
7. The application stands disposed off.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR
U
T