Nibha Devi And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12205 of 2016 Arising Out of PS.Case No. -119 Year- 2015 Thana -SAKRA District- MUZAFFARPUR ======================================================

1. Nibha Devi Wife of Late Pawan Singh @ Pappu Singh, Daughter of Rambali Singh

2. Khushboo Devi @ Annu Devi, Wife of Raj Kumar Singh

3. Usha Devi, Wife of Ram Bali Singh, All resident of village- Basantpur, Jhitkahi, P/S- Sakra, District- Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Shailendra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-06-2016 Heard both sides.

The petitioners apprehend arrest in a case registered for the offences punishable under sections 302 and 201/34 of the Indian Penal Code.

The informant alleged that Pawan Singh @ Pappu Singh had gone to his sasural to attend the marriage ceremony of his sister-in-law to be solemnized on 27.04.2015 but on 29.04.2015 the informant got an information about the death of Pawan Singh. The informant went in the village but the house of the petitioners was locked. Half burnt dead body of Pawan Singh was found in a garden situated by the side of the house of the petitioners.

Patna High Court Cr.Misc. No.12205 of 2016 (4) dt.23-06-2016 It is submitted that the petitioners are wife, mother-in-law and sister-in-law of the deceased. There is no allegation against the petitioners. One of the co-accused, namely, Anil Singh has been granted anticipatory bail vide order passed in Criminal Misc. No. 58114 of 2015.

Considering the fact that the petitioners are wife, mother-in-law and sister-in-law of the deceased and they have not explained about the death of the deceased and recovery of half burnt dead body from a garden situated by the side of the house of the petitioner, I am not inclined to grant the privilege of anticipatory bail to the petitioners in connection with Sakra P.S. Case No. 119 of 2015 pending in the court of the learned Chief Judicial Magistrate, Muzaffarpur.

This application for anticipatory bail is, hereby, dismissed.

If the petitioners surrender and pray for regular bail, the court below will consider and dispose of the same on its own merit without being prejudiced by this order and taking into consideration that one Mukesh Kumar Singh has been granted regular bail by a Bench of this Court.

(Prabhat Kumar Jha, J) Amin/- U