Bidya Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54684 of 2016 Arising Out of PS.Case No. -243 Year- 2015 Thana -FALKAHA District- KATIHAR ======================================================

1. Bidya Devi W/o late Varun Sharma

2. Abhinandan Sharma S/o late Varun Sharma Both resident of VillageChakla Maulanagar, P.S. Pothia( Falka), District- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shally Kumari, Advocate For the Opposite Party/s : Mr. Mustaque Alam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 16-02-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners are mother-in-law and brother-in-law of the deceased and they seek regular bail in connection with Falka (Pothia) P.S.Case No. 243 of 2015 registered for offences punishable under Section 304 (B)/34 of the Indian Penal Code. It has been submitted by the learned counsel for the petitioners that they have falsely been implicated in this case due to village politics. There is no specific allegation against the petitioners and their name came in the present case only on the ground of suspicion.

Learned Additional P.P. appearing for the State

Patna High Court Cr.Misc. No.54684 of 2016 (3) dt.16-02-2017 2/2 opposes the prayer for bail and submits that witnesses have supported the prosecution case Post mortem report also suggests that death caused due to Asphaxia and charge sheet has already been submitted against the accused persons.

Having considered the facts and circumstances of the case and nature of allegations, I am not inclined to allow the prayer for bail of the petitioners. Accordingly, this application is rejected However, petitioners may renew their prayer for bail after framing of charge.

(Arvind Srivastava, J) Sudha/- U T