Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29545 of 2023 Arising Out of PS. Case No.-434 Year-2022 Thana- FATUA District- Patna ====================================================== 1.

Asha Devi Wife Of Vinay Yadav @ Vinay Singh Resident Of VillagePraveen Chak, P.S.-Fatuha, District-Patna 2.

Vinay Yadav @ Vinay Singh Son Of Late Lal Bahadur Yadav Resident Of Village-Praveen Chak, P.S.-Fatuha, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the State :

Mr. Rajendra Singh For the Informant :

Mr. Rajendra Singh Shah ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-09-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State assisted by learned counsel for the informant.

2. Learned counsel for the petitioners has produced a surrender certificate of the husband of the deceased in the Court.

3. Let it be kept on record.

4. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304(B) 302, 34 of the Indian Penal Code.

5. Allegation against the petitioners is that they along with other co-accused persons entered into the room of the daughter of the informant and assaulted her, as a result of which, she died.

6. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.29545 of 2023(4) dt.08-09-2023 2/2 the petitioners are innocent and have been falsely implicated in this case. He submits that there is no specific overt act against the petitioners. He further submits that the husband of the deceased has already surrendered before the learned Court below on 01.09.2023. Petitioners have one criminal antecedent as mentioned in para-3 of this application.

7. Learned APP for the State and learned counsel for the informant opposed prayer for anticipatory bail.

8. Having regard to the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Fatuha P.S. Case No.434 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T