Shanti Devi vs State Of Bihar

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Narhat (Sitamarhi) PS Case No. 33 of 2016 dated 16.03.2016 instituted under Sections 498A and 302/34 of the Indian Penal Code.

The petitioner along with three other family members is accused of killing her daughter-in-law.

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 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.

Learned APP, from the case diary, submitted that the allegation against the family members, including the petitioner is of killing the deceased.

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 amount each to the satisfaction of the learned ACJM-VI, Nawada in Narhat (Sitamarhi) PS Case No. 33 of 2016.

The application stands disposed off.