Malwa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22111 of 2024 Arising Out of PS. Case No.-9 Year-2023 Thana- CHANDAN District- Banka ====================================================== 1.

Malwa Devi Wife Of Manager Yadav Resident Of Village - Bankidih, P.S. - Chandan (ANANDPUR), District - Banka 2.

Manager Yadav Son Of Late Sagrith Yadav Resident Of Village - Bankidih, P.S. - Chandan (ANANDPUR), District - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 302, 201, 34 of the Indian Penal Code.

3. The prosecution case, in brief, is that on 05.01.2023, all the F.I.R. named accused persons, including both petitioners kidnapped the son of informant and thereafter, on 10.01.2023, committed the murder of son of informant and threw his dead-body into well.

4. It is submitted on behalf of petitioners that petitioners have been falsely implicated in this case due to dirty village politics. Informant is not eye-witness to the alleged

Patna High Court CR. MISC. No.22111 of 2024(2) dt.20-03-2024 2/2 occurrence and only on suspicion, petitioners and others have been made accused. No external or internal injury has been found on the person of deceased and opinion regarding cause of death has been reserved till report by the F.S.L., Bhagalpur. Similarly situated two co-accused have already been granted anticipatory bail by this Court, vide order dated 13.12.2023 passed in Cr.Misc. No. 46902 of 2023 (Annexure P/3). Petitioners claim clean antecedent.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Chandan (Anandpur) P.S. Case No. 09 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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