← Library
Patna High CourtCR. MISC./12008/2015bail granted

Neelam Devi And ORS v. The State Of Bihar

2015-04-27Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12008 of 2015 Arising Out of PS.Case No. -85 Year- 2014 Thana -PHULWARIA District- BEGUSARAI ======================================================

1. Neelam Devi Wife of Late Khiro Pandit

2. Kamleshwari Pandit Son of Late Ram Prakash Pandit Both R/o Village - Baro, P.S. - Phulwaria District - Begusarai.

3. Surendra Pandit Son of Jungbahadur Pandit @ Jangal Pandit R/o Village - Bachhanta, P.S. - Morkahi, District - Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shakti Suman Kumar For the Opposite Party/s : Mr. Asha Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-04-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Phulwaria P.S.Case No. 85 of 2014 registered for the offences punishable under Section 120B, 302, 406/34, 328 of the Indian Penal Code.

Admittedly, petitioner no. 1 is wife of the deceased and so far as petitioner nos. 2 and 3 are concerned, they are stranger to the family of petitioner no. 1.

Originally, the informant filed complaint case which was converted into the present case but admittedly, prior to filing

Patna High Court Cr.Misc. No.12008 of 2015 (2) dt.27-04-2015 2/2 of the aforesaid complaint case, the informant had given his fardbeyan in respect of death of deceased of the present case and on the basis of fardbeyan of the informant U.D case no. 01 of 2014 was registered.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st class, Begusarai in Phulwaria P.S.Case No. 85 of 2014 , subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Namita/- U T