Sita Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43089 of 2016 Arising Out of PS.Case No. -964 Year- 2015 Thana -SITAMARHI District- SITAMARHI ======================================================
1. Sita Devi wife of Hanuman Prasad Yadav
2. Hanuman Prasad Yadav S/o Ramdeo Yadav Both are resident of Village- Amana, Police Station- Sursand, DistrictSitamarhi. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Thakur For the Opposite Party/s : Mr. Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 21-10-2016 Heard Sri Ajay Thakur, learned counsel for the petitioners , Sri Yogendra Kumar, learned Additional Public Prosecutor as well as Sri Birendra Kumar, learned counsel who has voluntarily appeared on behalf of the informant. Two petitioners who are own daughter and son- in- law of the deceased and in custody have prayed for grant of bail in Sitamarhi P.S. Case No. 964 of 2015 registered for the offence under Section 302/ 34 of the Indian Penal Code and Section 27 of the Arms Act.
Sri Thakur, learned counsel for the petitioners by way of referring to the F.I.R. submits that only due to the reason that earlier dispute had occurred with the petitioner no. 2 and
Patna High Court Cr.Misc. No.43089 of 2016 (2) dt.21-10-2016 2/2 husband of the informant the petitioner has falsely been implicated in the present case. As per the F.I.R. it is evident that none had identified any accused persons. The informant has stated that she had gone outside for treatment and while she returned back she saw dead body of her husband and she was informed by local people that some miscreants had arrived and killed her husband. It is admitted that informant was the second wife of the deceased who was a retired teacher.
Keeping in view the facts and circumstances particularly the fact that petitioner no. 1 is the own daughter of the deceased and petitioner no. 2 is her husband , let both the petitioners Sita Devi and Hanuman Prasad Yadav be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi / concerned court in connection with Sitamarhi P.S. Case No. 964 of 2015. (Rakesh Kumar, J) Praful/- U T