The Patna High Court granted anticipatory bail to the second wife of the accused. The court noted allegations regarding the murder and concealment of the first wife's body but no specific overt acts against the petitioner were alleged.
Released on bail on furnishing a security of Rs. 50,000 with two sureties pending arrest or surrender.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7039 of 2020
Arising Out of PS. Case No.-235 Year-2019 Thana- BARHARA KOTHI District- Purnia
======================================================
ANITA DEVI @ SUNITA DEVI Wife of Dinesh Yadav and D/o Yoganand Yadav Resident of Village- Sukhsena, Purav, Navtoliya, P.S.- B. Kothi, District- Purnea.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vikram Deo Singh, Advocate Mr.Bijendra Kumar Singh, Advocate For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY
ORAL ORDER
3 08-01-2021
Heard learned Counsel appearing on behalf of the petitioner and the State.
The petitioner is apprehending arrest in connection with Barhara P.S. Case No. 235 of 2019 registered for the offence under Sections 302, 201/34 IPC.
Learned counsel appearing on behalf of the petitioner would submit that the petitioner is the second wife. The first wife of Dinesh Yadav was killed and her dead body was concealed in the paddy field. The informant suspected the involvement of this petitioner, who is the second wife of Dinesh Yadav. He further submits that there is no eye witness to the occurrence. There is no specific overt act alleged against this petitioner simply because she is second wife of said Dinesh
Patna High Court CR. MISC. No.7039 of 2020(3) dt.08-01-2021 2/2
Yadav, she has been implicated in this case. The deceased- first wife joined the wedlock 16 years back and this petitioner 10 years back. In fact, the deceased was living separately and there is absolutely no grievance against this petitioner which can be taken as reason for killing the deceased.
Considering the aforesaid facts and circumstances, the Court is inclined to grant privilege of anticipatory bail to the petitioner. Let the petitioner, above named, in the event of arrest or surrender within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs. 50,000/- (Fifty Thousand) with two sureties of the like amount each to the satisfaction of Smt. Angira Kumari, J.M. 1st Class, Purnea in connection with Barhara P.S. Case No. 235 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C.
(Anil Kumar Upadhyay, J)
spandey/-
U T
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner in connection with the offences under Sections 302 and 201/34 IPC.
1 provisions across 1 enactments
Anita Devi @ Sunita Devi
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
