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Shanti Devi vs The State Of Bihar on 18 December, 2019

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
Patna High Court CR. MISC. No.56123 of 2019 dt.18-12-2019
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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
Patna High Court CR. MISC. No.56123 of 2019 dt.18-12-2019
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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

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