Kulwati Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40293 of 2018 Arising Out of PS.Case No. -78 Year- 2018 Thana -NAWANGAR District- BUXAR ======================================================

1. Kulwati Devi, W/o Rama Shankar Rai,

2. Radhika Devi, W/o Raj Kumar Rai,

3. Johni Devi, W/o Mutan Rai, All are resident of Vill.- Pashchim Bharouli, P.S. Nawanagar, Dist.- Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Kamal Deo Sharma For the Opposite Party/s : Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-07-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Nawanagar P.S.Case No.78 of 2018 , registered for offences punishable under Sections 302/34 of the Indian Penal Code. Allegation against the petitioners is that they have killed the daughter-in-law of the petitioner no.1.

Submission of the learned counsel for the petitioners is that the petitioner no.1 is aged about 70 years, petitioner no.2 is married Nanad and the petitioner no.3 is the Gotani and they are living separately.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.40293 of 2018 (2) dt.12-07-2018 2/2 circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Buxar in connection with Nawanagar P.S.cAse No.78 of 2018 subject to condition as laid down under Section 438

(2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T