Girja Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19115 of 2023 Arising Out of PS. Case No.-314 Year-2022 Thana- KALYANPUR District- East Champaran ====================================================== 1.

Girja Devi Wife of Binda Mahto R/V- Yamunapur PS- kalyanpur Dist- East Champaran 2.

Binda Mahto Son of Late Sunder Mahto R/V- Yamunapur PS- kalyanpur Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-06-2023 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302, 34 of the Indian Penal Code.

As per the prosecution case, all the accused persons including petitioners demanded money from the daughter of informant and his son-in-law. Accused persons quarreled with his son-in-law, due to which he left his house and went to sasural. On 12.11.2022 at about 9.00 am, informant received information that accused person committed murder of his daughter. Thereafter, informant, his son-in-law along with

Patna High Court CR. MISC. No.19115 of 2023(2) dt.24-06-2023 2/3 villagers went to Yamunapur, then they saw that accused persons fled away from his house. The dead body of his daughter was recovered near Saraswati River.

It is submitted that petitioners have been falsely implicated in this case. Petitioner no. 1 is mother-in-law and petitioner no. 2 is father-in-law of the deceased and they have committed no offence. Petitioners are living separately and they have got no concern with the family affairs of deceased and their son. There is general and omnibus allegation. Moreover, informant is not eye-witness of the occurrence and only on suspicion they have been made accused in this case. In fact, the son and daughter-in-law (deceased) were pressurizing the petitioners for participation of the ancestral property and on refusal the deceased committed suicide. Petitioners claim clean antecedents.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail 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 10th Additional Chief Judicial

Patna High Court CR. MISC. No.19115 of 2023(2) dt.24-06-2023 3/3 Magistrate, Motihari, East Champaran in connection with Kalyanpur P.S. Case No. 314 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T