Sarita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34272 of 2021 Arising Out of PS. Case No.-164 Year-2019 Thana- GANGABRIDGE District- Vaishali ====================================================== 1.

Sarita Devi W/O Panchanand Paswan R/O Village Terasia, Ps Ganga Bridge, District Vaishali 2.

Kunti Devi W/O Vijay Paswan @ Vijay Bhagat R/O Village Terasia, Ps Ganga Bridge, District Vaishali 3.

Vijay Paswan @ Vijay Bhagat S/O Dinesh Paswan @ Dinesh Bhagat R/O Village Terasia, Ps Ganga Bridge, District Vaishali ... ... Petitioners

Versus

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

For the Petitioner/s :

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

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

Learned counsel for the petitioner submits that inadvertently in the prayer portion of the present application, the words "Ganga Bridge P.S. Case No. 332/2020" have wrongly been typed in place of "Ganga Bridge P.S. Case No. 164/2019".

let the words "Ganga Bridge P.S. Case No. 332/2020"

Patna High Court CR. MISC. No.34272 of 2021(2) dt.29-03-2022 2/3 typed in the prayer portion of the present application be corrected to read as "Ganga Bridge P.S. Case No. 164/2019". The petitioners are apprehending their arrest in Ganga Bridge P.S. Case No. 164/2019 registered under Sections 302/34 of the Indian Penal Code.

The prosecution case, in short, is that the brother of the informant died at his sasural and the informant has suspicion over petitioners.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The names of the petitioners have transpired merely on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioners in this case. Petitioner no. 1 is the wife of the deceased, petitioner no. 3 is brother-in-law of the deceased while petitioner no. 2 is wife of the petitioner no. 3. Petitioner nos. 1 and 2 are ladies. There is no eye witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Patna High Court CR. MISC. No.34272 of 2021(2) dt.29-03-2022 3/3 Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory 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, Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 164/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T