Sharda Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32360 of 2016 Arising Out of PS.Case No. -66 Year- 2013 Thana -SIDHWALIA District- GOPALGANJ ======================================================

1. Sharda Devi Wife of Ashnarayan Prasad

2. Sunita Kumari @ Sunita Devi Daughter of Ashnarayan Prasad Both resident of Village- Bahgwar, P.S.- Sidhwalia, DistrictGopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Pandey For the Opposite Party/s : Mr. Sri S.M. Rahman ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 01-09-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners being mother-in-law and sister-in-law of the deceased lady, apprehend their arrest in connection with a case registered for the offences punishable under Sections 304(b)/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the husband of the deceased lady had been taken into custody and trial of the case progressed separately bearing Session Trial No. 236 of 2015. In the said case, vide judgment and order dated 28th November, 2015, the husband of the deceased lady has been acquitted of all the charges. Accordingly, the petitioners being the mother and sister of the said husband are also praying for grant of anticipatory

Patna High Court Cr.Misc. No.32360 of 2016 (2) dt.01-09-2016 P2/2 bail. It appears that after perusal of the aforementioned judgments that the informant herself had stated during the course of trial that the case had been lodged at the instance of the co-villagers and other inimical persons and, therefore, she now has retracted in the trial with regard to her earlier prosecution version. Having considered the aforementioned facts and circumstances and also because the husband of the petitioner No. 1 has now been granted regular bail, let the petitioners abovenamed, in the event of their arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Gopalganj, in connection with Sidhwaliya P.S. Case No. 66/2013, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T