Neelu Kumari @ Neelu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16463 of 2022 Arising Out of PS. Case No.-599 Year-2021 Thana- MADHEPURA District- Madhepura ====================================================== 1.

NEELU KUMARI @ NEELU DEVI W/o Late Vikash Kumar Resident of Village- Rajpur Sarsandi, Ward No.06, P.S.- Gwalpara, District- Madhepura. 2.

GOVIND KUMAR @ NIKESH KUMAR GOVIND S/o Late Ganesh Prasad Yadav Resident of Village- Nathpur Baniniya, Ward No.01, P.S.- Sour Bazar, District- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar Sinha For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-08-2022 Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have preferred this application for grant of regular bail in a case registered u/s 302 and 201 read with 34 of the Indian Penal Code.

As per the prosecution case, the petitioners and the co-accused persons with unknown person are alleged to have committed murder of the informant's son and his dead body was thrown at the railway track.

Patna High Court CR. MISC. No.16463 of 2022(3) dt.25-08-2022 2/3 Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. There is no eye witness in this case. The petitioners are in custody since 22.10.2021. The petitioner No.1 is a lady.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners by submitting that the petitioner No.1 is the wife of the deceased and the petitioner No.2 is the son-in-law of the deceased. It is further stated that before the said occurrence the petitioners also threatened to kill the informant's son.

Considering the aforesaid facts and circumstances of this case, the petitioners are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No. 599 of 2021, with a condition:-

Patna High Court CR. MISC. No.16463 of 2022(3) dt.25-08-2022 3/3

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled by the concerned Court.

The application stands allowed.

(Chandra Prakash Singh, J) shobhakri/- U T