Kamli Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35845 of 2016 Arising Out of PS.Case No. -63 Year- 2014 Thana -BIRPUR District- SUPAUL ======================================================

1. Kamli Devi. Wife of Vijay Sada,

2. Chenia Devi, Wife of Dev Lal Sada, both resident of Village- Ranipatti, Police Station- Bipur, District- Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun, Advocate For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-09-2016 Heard learned counsel for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302, 328, 201/34 of the Indian Penal Code.

The prosecution case is that on 25.02.2014 at 12.30 A.M. the informant came to know that petitioners and others in furtherance of common intention killed Manju Devi, sister-in-law of Vijay Sada. Manju Devi being sister-inlaw of husband of petitioner no. 1 and sister of petitioner no. 1 used to reside with the husband and thereafter the dead body was buried on the embankment of Hahaiya Dhar Kosi Canal. Subsequently, the dead body was digged out.

It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.35845 of 2016 (2) dt.06-09-2016 petitioners that petitioner no. 1 is the wife of Vijay Sada and own sister of Manju Devi, whereas petitioner no. 2 is the mother of Vijay Sada and mother-in-law of petitioner no. 1. The accusation is omnibus and general. From the impugned order it appears that investigation has concluded and petitioner has been charge-sheeted and declaring them absconder.

In the circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. But, keeping in view of the fact that the petitioners are ladies and statement has been made in para-3 of the petition that petitioners have no criminal antecedent, it is a case for consideration of prayer for bail on surrender, let the learned court below consider the prayer for bail of the petitioners, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Birpur P.S. Case No. 63 of 2014, pending in the court of learned Sub-Divisional Judicial Magistrate, Birpur (Supaul).

With the above observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T