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Patna High CourtCR. MISC./4601/2020bail granted

Meena Devi v. The State Of Bihar

2020-02-29Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4601 of 2020 Arising Out of PS. Case No.-256 Year-2019 Thana- KONCH District- Gaya ====================================================== 1.

Meena Devi W/o Daya Rajak R/o village- Ker, P.S.- Konch, District- Gaya 2.

Babita Devi W/o Sonu Rajak R/o village- Ker, P.S.- Konch, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar,Adv.

For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-02-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners, being the mother and sister-in-law of the husband of the victim are apprehending their arrest in connection with Konch P.S. Case No. 256 of 2019 registered for the offences punishable under Sections 304(B), 201 and 34 of the Indian Penal Code.

Prosecution case as per the written report of Adit Rajak submitted before the SHO, Konch P.S. is to the effect that the informant's daughter Sunita Kumari was married with coaccused Sintoo Rajak in the year 2015 subsequently, further demand made and due to non-fulfillment of the same, the daughter of the informant was being tortured by all the accused persons including the petitioners. Ultimately, on 20.08.2019, the daughter of the informant was killed by all the accused persons including the petitioners.

Patna High Court CR. MISC. No.4601 of 2020(2) dt.29-02-2020 2/2 It is submitted by learned counsel for the petitioners that thrust of accusations is against the husband of the victim. The accusation against the petitioners is omnibus and general in nature. The petitioners live separately from the husband of the victim.

Learned A.P.P. submits that the petitioners are named in the F.I.R. with specific accusation.

Considering the thrust of accusations and the petitioners being women, who claim to live separately from the husband of the victim coupled with the fact that petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in event of arrest or surrender within 12 weeks on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya, in connection with Konch P.S. Case No. 256 of 2019, subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Rahul/Gautam U T