Dismissed
Nitu Devi @ Nitu Kumari v. the State of Bihar
Patna HCCR. MISC./31532/2022
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from the order text
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COURT OF JUDICATURE AT PATNA CRIMINAL…
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31532 of 2022
Arising Out of PS. Case No.-167 Year-2020 Thana- BACHHWARA District- Begusarai
======================================================
NITU DEVI @ NITU KUMARI Daughter of Ram Pravesh Yadav Resident of Village-Shivutol, Police Station-Bachhwara, District-Begusarai.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Jai Prakash Singh For the Opposite Party/s : Mr.Kalyan Shankar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
3 02-01-2023
Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The Petitioner is apprehending his arrest in a case registered for the offences punishable u/s 302, 201 and 120B read with 34 of the Indian Penal Code.
As per the prosecution case, The informant's brother's wife had illicit relationship with someone which was being objected by the deceased. It is alleged that the informant's brother was killed by his wife and his in-laws and the dead body of the informant's brother was hanged with a gamchha on a tree
Patna High Court CR. MISC. No.31532 of 2022(3) dt.02-01-2023 2/3
in order to conceal the evidence.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated at para 3 of the bail petition. The other co-accused person Geeta Devi has already been granted bail by the Co-ordinate Bench vide order dated 11.04.2022 passed in Cr. Misc No. 24152 of 2021 and the case of the petitioner is on similar footing. Learned counsel further submitted that the dead body of the deceased was found hanging from a tree which is 6-7 kilometers away from the village of the petitioner. There is no eye witness of the case.
Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner by submitting that there was no good relationship between the deceased and the petitioner and further submitted that on call from his sasural, the deceased went there and on the next day his dead body was found hanging on a tree. Learned counsel further submitted that as per the post-mortem report the cause of death is due to asphyxia as a result of strangulation. Learned A.P.P. for the State has further submitted that the case of the petitioner is not on a similar footing to that of the co-accused Geeta Devi who is the
Patna High Court CR. MISC. No.31532 of 2022(3) dt.02-01-2023 3/3
mother of the petitioner.
Considering the aforesaid facts and circumstances as well as the material available on record against the petitioner, I am of the view that no case for grant of anticipatory bail is made out. Accordingly, the application is rejected and the petitioner is directed to surrender before the concerned Court below within six weeks from the date of this order.
(Chandra Prakash Singh, J)
atul/-
U T
2 issues framed by the court
Whether anticipatory bail is maintainable in a case involving murder, attempt to murder, and criminal conspiracy.
Whether the petitioner is entitled to bail on co-accused ground given the State's submission that the facts are dissimilar.
NITU DEVI @ NITU KUMARI
THE STATE OF BIHAR
CHANDRA PRAKASH SINGH
As recorded by the court registry
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