Patna High CourtCR. MISC./33768/2017rejected

Mamta Devi And ANR v. The State Of Bihar

2017-07-20Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33768 of 2017 Arising Out of PS.Case No. -33 Year- 2017 Thana -BASNAHI District- SAHARSA ======================================================

1. Mamta Devi W/o Dharmendra Sah

2. Shanti Devi S/O Late Ashok Sah @ Deo Narain Sah, both resident of village-Mahua Bazar, P.S. Basnahi, Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 20-07-2017 Heard Mr. Sharma, counsel for the petitioners and Mr. Dayal, APP for the State.

Apprehending their arrest in Basnahi P.S. Case No. 33 of 2017 registered under sections 302 and 120-B IPC as well as section 27 of the Arms Act, the petitioners pray for grant of anticipatory bail.

A strong suspicion has been raised by the informant against the accused persons including the petitioners in killing her husband by fire arms. Petitioner no.1 is the wife of the stepbrother whereas petitioner nos. 2 is the step-mother. Counsel for the petitioners submits that the husband of petitioner no.1 had filed a complaint against the present accused persons. In retaliation, they have been implicated falsely merely

Patna High Court Cr.Misc. No.33768 of 2017 (2) dt.20-07-2017 2/2 on suspicion.

Mr. Dayal, on the other hand, submitted that there was strong motive on the part of the accused persons cited in the FIR to do away with the life of the deceased.

Considering the seriousness of the offence and other materials reflecting from the record, I am not inclined to grant anticipatory bail to the petitioners prayer is rejected. The petitioners shall appear before the court below and pray for regular bail which shall be considered and disposed of on its own merit in accordance with law unprejudiced by the present order.

(Kishore Kumar Mandal, J) HR/- U T