Anita Devi vs The State Of Bihar
2021 Latest Caselaw 1286 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL MISCELLANEOUS No.37605 of 2020
   Arising Out of PS Case No.-139 Year-2019 Thana- KUTUMBA District- Aurangabad
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Anita Devi, age about 21 years, Female, Wife of Late Anil Rajwar, Resident of Village - Badepur, Sahiyara, PS- Husainabad, District- Palamu (Jharkhand).

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s     :      Ms. Mukul Kumari, Advocate
For the State            :      Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-03-2021

Heard Ms. Mukul Kumari, learned counsel for the

petitioner and Mr. Md. Arif, learned Additional Public Prosecutor

(hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with

Kutumba PS Case No. 139 of 2019 dated 22.09.2019, instituted

under Sections 302/34 of the Indian Penal Code.

3. The allegation against the petitioner, who is the wife

of the deceased, is of strangulating him to death along with co-

accused, who is husband of the sister of the petitioner.

Patna High Court CR. MISC. No.37605 of 2020 dt.05-03-2021

4. Learned counsel for the petitioner submitted that

only on suspicion, she has been named and she is totally innocent.

It was submitted that the deceased died due to natural causes and

moreover, the FIR has been lodged by the husband of the sister of

the deceased and not by any close family members. It was

submitted that the petitioner being a lady is in custody since

23.09.2019 and further that the co-accused has been granted bail

by a co-ordinate Bench.

5. Learned APP, from the case diary, submitted that the

petitioner gave different versions to the informant and to the

mother inasmuch as, she had informed the informant that the

deceased was already dead whereas to her mother-in-law, she has

stated that the deceased had not come to her place. It was further

submitted that the inquest report clearly states that there was sign

of strangulation on the neck which has not been explained by the

petitioner as she was the wife and the deceased was living with

her and also died there. It was submitted that the strong suspicion

of there being illicit relationship of the petitioner with co-accused

stands corroborated by the circumstances.

6. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, the

Court is not inclined to enlarge the petitioner on bail.

Patna High Court CR. MISC. No.37605 of 2020 dt.05-03-2021

7. Accordingly, the application stands dismissed.

8. However, the Court below shall expedite the trial.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T