Dhaneshwar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35311 of 2021 Arising Out of PS. Case No.-553 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== 1.

DHANESHWAR THAKUR S/O Basudeo Thakur Resident of Village Gaura, P.S. - Sahebganj, District - Muzaffarpur. 2.

Gayatri Devi Wife of Dhaneshwar Thakur Resident of Village Gaura, P.S. - Sahebganj, District - Muzaffarpur.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, 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 petitioners seeks permission of the Court to withdraw the present application in respect of petitioner no. 1 as he has been taken into judicial custody. Permission is accorded.

The application is dismissed as withdrawn in respect of petitioner no. 1.

The petitioner no. 2 is apprehending her arrest in a

Patna High Court CR. MISC. No.35311 of 2021(2) dt.29-03-2022 2/3 case registered under Sections 302, 201/34 of the Indian Penal Code.

The prosecution case, in short, is that the informant received information that his brother has been killed by his inlaws. It has been submitted on behalf of the petitioner no. 2 that she has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner no. 2. The petitioner no. 2 has falsely been implicated in the present case. There is no eye witness to the alleged occurrence. The name of the petitioner has transpired merely on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in this case. Petitioner no. 2 is mother-in-law of the deceased. There is a case and counter case between the parties. Petitioner No. 2 is a lady. On behalf of the State, it is submitted that the petitioner no. 2 is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner no. 2, 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) with two

Patna High Court CR. MISC. No.35311 of 2021(2) dt.29-03-2022 3/3 sureties of the like amount each to the satisfaction of learned A.C.J.M.- 1st, West, Muzaffarpur in connection with Sahebganj P.S. Case No. 553 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T