Malti Devi @ Manti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13486 of 2021 Arising Out of PS. Case No.-305 Year-2020 Thana- HILSA District- Nalanda ====================================================== 1.
MALTI DEVI @ MANTI DEVI W/o Permanand Yadav R/o villageNadwar (wrong written in the FIR as Nadha), P.O.- Kachhiyawan, P.S.- Hilsa, District- Nalanda 2.
Permanand Yadav @ Permanand Gop S/o Late Shivnaryan Gop R/o villageNadwar (wrong written in the FIR as Nadha), P.O.- Kachhiyawan, P.S.- Hilsa, District- Nalanda ... ... Petitioners
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Shekhar Tiwary For the Opposite Party/s :
Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 11-01-2022 Heard both the parties through video conferencing. The petitioners seek bail in anticipation of their arrest in connection with Hilsa P.S. Case No.305 of 2020 instituted for the offences under Sections 328, 302/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that the petitioners are mother-in-law and father-in-law of the deceased, who has committed suicide. Before she committed suicide, the husband has lodged a matrimonial case one year prior to the occurrence for restitution of conjugal right and the petitioners have no role to play. Learned counsel further submits that the
Patna High Court CR. MISC. No.13486 of 2021(3) dt.11-01-2022 2/2 husband has also been granted regular bail by Co-ordinate Bench.
Learned APP opposes the bail application.
Considering that the petitioners' role is not found to be made out, I am inclined to grant benefit of anticipatory bail to the petitioners and in the event of arrest, they shall be released on bail subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sanjeev Prakash Sharma, J) amit/- U T