Indu Kumari And ANR v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.7523 of 2018 (2) dt.15-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7523 of 2018 Arising Out of PS.Case No. -655 Year- 2013 Thana -COMPLAINT CASE District- SUPAUL ======================================================

1. Indu Kumari, Wife of Shambhu Singh, Resident of Village- Devanbigha, P.S.- Kashichak, District- Nawada.

2. Murari Kumar Singh, Son of Sitaram Singh, Resident of VillageMakanpur, P.S.- Warsaliganj, District- Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Dheeraj Kumar, Son of Satyendra Singh, Resident of VillageNarsinghpur, P.S.- Jayrampur (Barbigha), District- Sheikhpura, Presently Gaman India Camp, Madhubani, P.S.- Balua Bazar, District- Supaul. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra, Adv. For the Opposite Party/s : Mr. Sri Uday Chand Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 15-02-2018 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Complaint Case No. 655 'C' of 2013, disclosing offences under Sections 379, 420 of the Indian Penal Code. Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. In fact, the petitioners have falsely been implicated in this case in order to save the skin of complainant who happens to be husband of the deceased and is said to be an accused of Balua Bazar P.S.

Patna High Court Cr.Misc. No.7523 of 2018 (2) dt.15-02-2018 Case No. 34 of 2012, which is evident from Annexure-2. Moreover, these petitioners happen to be close relative of the deceased and they have no concern with the alleged occurrence. Hence, the petitioners deserve the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioners, 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. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Supaul, in connection with Complaint Case No. 655 'C' of 2013, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) brajesh/- U T