Bechani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16196 of 2023 Arising Out of PS. Case No.-48 Year-2022 Thana- TARABARI District- Araria ====================================================== 1.

Bechani Devi Wife Of Sarvan Paswan R/O Village- Perwakhuri, Ward No.11, P.S.- Tarabari, District- Araria 2.

Manju Devi Wife Of Bisunchand Paswan R/O Village- Perwakhuri, Ward No.11, P.S.- Tarabari, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-05-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek regular bail in connection with Tarabari P.S. Case No. 48 of 2022 dated 02.06.2022 lodged under Sections 302/ 34 of the I.P.C.

As per the prosecution case, the allegation of murder in connivance with each other in furtherance of common intention is there in the F.I.R. against all the named accused persons who are six in numbers.

Learned counsel for the petitioners submit that the informant is the brother of deceased who filed case against her brother-in-law and family members including the present petitioner.

Patna High Court CR. MISC. No.16196 of 2023(2) dt.10-05-2023 2/2 Counsel submits that from the statement made in the fardbeyan, it is crystal clear that all the allegations become omnibus against six accused persons that all by strangulating neck of the deceased have killed her.

Counsel for the petitioners further submit that the petitioner no. 1 is old aged person who is mother-in-law and petitioner no. 2 is Nanad of the deceased.

Counsel further submits that both are in custody since 27.10.2022 having clean antecedent. Counsel further submits that the husband of the deceased is already in custody. Learned counsel for the State opposes the prayer for bail and submits that husband of the deceased is in custody. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned J. M. 1st Class, Araria in connection with Tarabari P.S. Case No. 48 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T