Sushila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25659 of 2019 Arising Out of PS. Case No.-81 Year-2018 Thana- JAGDISHPUR District- Bhojpur ====================================================== 1.

SUSHILA DEVI Wife of Nandji Singh Resident of Village-Mungaul, P.S.- Jagdishpur, District-Patna.

2.

Asha Devi Wife of Nandji Singh Resident of Village-Mungaul, P.S.- Jagdishpur, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-06-2019 This application, for grant of anticipatory bail, arises out of Jagdishpur P.S. Case No. 81/18, disclosing offences under Sections 364/34 of the Indian Penal Code.

Prosecution story in short is that informant has come to the village of his sister, where he did not find his sister and on enquiry from the family members and villagers, she could not be traced out. Thereafter, she enquired from the Nandji Singh, who is elder brother in law of the sister of informant but he also did not disclose anything and prior to this occurrence a case was lodged against them being Jagdishpur P.S. Case No. 150/13 and the informant suspects that in order to grab the property of her sister, petitioners and others have kidnapped and killed her. Submission of learned counsel for the petitioners is that

Patna High Court CR. MISC. No.25659 of 2019(3) dt.25-06-2019 2/2 both the petitioners are wife of Nandji Singh and they have falsely been implicated in this case and save and except suspicion, there is absolutely nothing against them. However, learned counsel for the petitioners has fairly conceded that dead body of the deceased has not been recovered.

Learned counsel for the State opposed the prayer for bail and submitted that there was dispute with respect to the property between the sister of informant and Nandji Singh and earlier Nandji Singh has also sold the share of land of sister of informant and they have also threatened the sister of informant. Having heard both sides, considering the act that petitioners are ladies and save and except suspicion, there is nothing against the petitioners. Let the petitioner, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM -XI, Ara, in connection with Jagdishpur P.S. Case No. 81/18, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T