Gudia Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8593 of 2020 Arising Out of PS. Case No.-13 Year-2020 Thana- SOHSARAI District- Nalanda ====================================================== 1.

Gudia Devi Wife of Santosh Ram 2.

Santosh Ram Son of Binod Ram Both resident of Village - Salempur, P.S.- Sohsarai, Distt - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 04-03-2020 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners are apprehending their arrest in Sohsarai P.S. Case no. 13/2020 registered under sections 498A and 304B/34 of the IPC.

Petitioner nos. 1 and 2 are Jethani and Bhaisur of the deceased. It is submitted that they have falsely been implicated in this case.

Counsel for the petitioners refers to Annexure 3 of the supplementary affidavit which is certified copy of the application filed by the informant stating that he had given signature on plain paper on which information has been lodged. It is submitted that in view of such statement credibility

Patna High Court CR. MISC. No.8593 of 2020(2) dt.04-03-2020 2/2 of the prosecution case stands diluted altogether. Learned A.P.P. opposes the prayer for anticipatory bail. Considering the aforesaid submissions, prayer for anticipatory bail is allowed.

In the event of arrest/ surrender within four weeks from the date of receipt of a copy of the order in the court below, petitioners shall be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda, Biharsarif in Sohsarai P.S. Case no. 13/2020 subject to the condition under section 438(2) Cr.P.C and other conditions.

(1) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(2) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

s.hassan/- (Madhuresh Prasad, J) U T