Sumitra Kumari @ Sumitra Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24868 of 2017 Arising Out of PS.Case No. -6 Year- 2017 Thana -UPHARA District- AURANGABAD ======================================================

1. Sumitra Kumari @ Sumitra Devi, W/o Chandrashekhar Paswan, R/o Village- Sankardih, P.S.- Upahara, District- Aurangabad.

2. Vikash Kumar, S/o Late Chotan Paswan, R/o Village- Sankardih, P.S.- Upahara, District- Aurangabad.

3. Sunil Kumar, S/o Late Chotan Paswan, R/o Village- Sankardih, P.S.- Upahara, District- Aurangabad.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Anshuman, Adv. For the Opposite Party/s : Mr. Surendra Prasad Singh, APP For the Informant : Mr. Bipin Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 01-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Uphara P.S. Case No.6 of 2017, registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code.

As per the F.I.R. the husband of the victim has gone for selection in the Army, when he returned he informed the victim that unless Rs.3,00,000/- is paid, there is no question of his selection and asked her to say his father to manage the aforesaid amount for the purposes of getting the appointment. Allegation has been made that the victim has been killed by the

Patna High Court Cr.Misc. No.24868 of 2017 (2) dt.01-07-2017 2/2 petitioners.

Learned counsel for the petitioners submits that the petitioners are not in any manner connected with the husband of the victim and there is no any allegation that they are involved directly in commission of any crime. He further submits that the husband of the victim is in jail.

Learned counsel for the informant has tried to show that the petitioners were also party to the conspiracy that led to murder of the victim.

Looking to the nature of allegation and the facts and circumstances of the case, let the above-named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in connection with Uphara P.S. Case No.6 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Shivaji Pandey, J) pawan/- U T