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Patna High CourtCR. MISC./47191/2017bail granted

Parwati Devi And ANR v. The State Of Bihar

2017-10-17Mr. Justice Sanjay Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47191 of 2017 Arising Out of PS.Case No. -115 Year- 2016 Thana -NAYA RAM NAGAR District- MUNGER ======================================================

1. Parwati Devi, W/o Late Kamdeo Sharma,

2. Sarojani Devi W/o Krishnandan Sharma, Both are R/o Village- Parham, P.S.- Naya Ram Nagar (Safiyasarai O.P.), District- Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ratnakar Ambastha For the State : None ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 17-10-2017 Heard the learned counsel for the petitioners. No one appears on behalf of the State.

The petitioners apprehend their arrest in connection with Naya Ram Nagar P.S. Case No. 115 of 2016 instituted for the offences punishable under Sections 147, 148, 149, 302 of the Indian Penal Code and Section 27 of the Arms Act. It is alleged that the accused Banshi Sharma, Murli Sharma, Krishnanandan Sharma, Sarojani Devi (petitioner No. 2) and Parwati Devi (petitioner No. 1) caught hold of the husband of the informant and co-accused Banshi Sharma shot fire on his head from behind. Out of them, Krishnanandan Sharma and Murli Sharma have been allowed regular bail in Criminal Miscellaneous

Patna High Court Cr.Misc. No.47191 of 2017 (2) dt.17-10-2017 2/3 No. 14157 of 2017. The main assailant, namely, Banshi Sharma has been allowed bail by another coordinate Bench of this Court in Criminal Miscellaneous No. 25112 of 2017. The deceased had enmity with the informant, who happens to be the first wife of the deceased. There was matrimonial dispute for which a divorce case and a criminal case for the offence under Section 498-A of the Indian Penal Code were going on between the informant and her husband. In course of investigation, the complicity of the informant surfaced and she was arrayed in the category of accused. The anticipatory bail prayer of the informant turned accused has been allowed on 21.07.2017 in Criminal Miscellaneous No. 32292 of 2017. The petitioner No. 1 had land dispute with the deceased as both had purchased some land from different persons. The petitioner No. 2 is the daughter-in-law of the petitioner No. 1.

The learned A.P.P. for the State, on the other hand, opposed the submission.

Considering the aforesaid facts and circumstances of the case, the anticipatory bail prayer is allowed. The petitioners, above named, in the event of arrest / surrender within six weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each

Patna High Court Cr.Misc. No.47191 of 2017 (2) dt.17-10-2017 3/3 to the satisfaction of learned A.C.J.M, 1st, Munger in connection with Naya Ram Nagar P.S. Case No. 115 of 2016, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sanjay Kumar, J) ajay gupta/- U T