Roma Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12853 of 2021 Arising Out of PS. Case No.-302 Year-2020 Thana- FALKA District- Katihar ====================================================== 1.

ROMA DEVI W/o Ranjan Sharma Resident of Village - Amoul, P.S. - Falka, District - Katihar.

2.

SHANTI DEVI W/O Late Dinesh Sharma Resident of Village - Amoul, P.S. - Falka, District - Katihar.

3.

VIJYA DEVI W/o Madan Sharma Resident of Village - Amoul, P.S. - Falka, District - Katihar.

4.

MADAN SHARMA S/O Late Videshi sharma Resident of Village - Amoul, P.S. - Falka, District - Katihar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhola Prasad For the Opposite Party/s :

Mr. Md. Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioners are apprehending their arrest in a case registered under Sections 302, 201 and 34 of the Indian Penal Code. The prosecution case, in short, is that the dead body of the informant was found hanging on tree.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of

Patna High Court CR. MISC. No.12853 of 2021(2) dt.02-12-2021 2/2 tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner nos. 1 to 3 are ladies. The petitioner no. 4 is an old aged person. The names of the petitioners have transpired merely on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioners in this case. There is no eye witness to the alleged occurrence. The case has been instituted after two days of the alleged occurrence. The delay has not been explained by the prosecution.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Falka P.S. Case No. 302/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T