Chunni Devi @ Aheliya Devi @ Anisha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24008 of 2024 Arising Out of PS. Case No.-252 Year-2023 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== 1.

Chunni Devi @ Aheliya Devi @ Anisha Devi W/O Nagendra Pathak @ Ganesh Pathak R/O Mohdasahpur, Ward No. 1, P.S- Cheria Bariyarpur, Distt.- Begusarai.

2.

Nagendra Pathak @ Ganesh Pathak S/O Jagdish Pathak R/O Mohdasahpur, Ward No. 1, P.S- Cheria Bariyarpur, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Cheria Bariyarpur P.S. Case No. 252 of 2023 instituted for the offence under Sections 302 & 34 of the Indian Penal Code. 3.

Prosecution case in short is that petitioners along with other co-accused persons killed the deceased by strangulating him.

4.

It has been submitted on behalf of the petitioners

Patna High Court CR. MISC. No.24008 of 2024(2) dt.03-04-2024 2/3 that the petitioners are in custody since 19-01-2024. Petitioners have clean antecedent.

5.

It has been further submitted by the petitioners' counsel that petitioners have been falsely implicated in the present case. Petitioner No. 1 is the mother-in-law of the deceased and petitioner No. 2 is the father-in-law of the deceased. It is submitted that there is no eye-witness to the occurrence. It is submitted that there is no direct allegation against the petitioners. There is general and omnibus allegation against the petitioners. Other co-accused has been granted bail by this Court, vide order dated 19-03-2024, passed in Cr. Misc. No. 20130 of 2024.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioners, clean antecedent of the petitioners and claim based on parity, this Court is inclined to grant bail to the petitioners. 8.

Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Cheria

Patna High Court CR. MISC. No.24008 of 2024(2) dt.03-04-2024 3/3 Bariyarpur P.S. Case No. 252 of 2023.

(Rudra Prakash Mishra, J) Raj kishore/- U T