Basanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5226 of 2023 Arising Out of PS. Case No.-395 Year-2022 Thana- TEKARI District- Gaya ====================================================== 1.

Basanti Devi Wife Of Ganga Chaudhary R/O Mohalla- Jhilmil, P.S.- Tekari, District- Gaya 2.

Ganga Choudhary Son Of Gyanand Chaudhary R/O Mohalla- Jhilmil, P.S.- Tekari, District- Gaya ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Bhushan Prasad For the Opposite Party/s :

Mr. Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code pending in the learned court below. As per the prosecution, all the accused persons have killed the daughter of the informant.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that petitioners are in laws of the deceased. He submits that there is no specific overt act against the petitioners. He further submits that husband of the deceased

Patna High Court CR. MISC. No.5226 of 2023(2) dt.07-04-2023 2/2 has already surrendered before the learned Court below during pendency of this anticipatory bail application. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Tekari P.S. Case No.395/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Learned Court below shall confirm the bail bonds of the petitioners after verifying the fact that the husband of the deceased has already surrendered before the learned Court. (Anjani Kumar Sharan, J) ajay/- U T