Kavita Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5689 of 2018 Arising Out of PS.Case No. -347 Year- 2017 Thana -BANKA District- BANKA ======================================================

1. Kavita Devi, W/o Nago Yadav, D/o Sukhdeo Yadav, R/o villageBaradih, P.S.- Katoria, District- Banka.

2. Savita Devi @ Vina Devi @ Savita W/o Umesh Yadav, D/o Sukhdeo Yadav, R/o Village- Kurumtarn, P.S.+District- Banka. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s : Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-02-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners seek pre-arrest bail in connection with Banka P. S. Case No. 347 of 2017 registered under Sections 302 and 201/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that the petitioners are married nanad of the daughter of the informant and they lived in their matrimonial home along with their husband and children since much before the marriage of the deceased. He submitted that the case of the petitioners stands on better footing than that of co-accused Sukhdeo Yadav

Patna High Court Cr.Misc. No.5689 of 2018 (2) dt.09-02-2018 2/2 and Bijali Devi, who have already been granted pre-arrest bail by a Bench of this Court vide order dated 09.11.2017 passed in Cr. Misc. No. 47029 of 2017.

Learned Additional Public Prosecutor for the State opposed the prayer for grant of pre-arrest bail to the petitioners. However, he admitted that co-accused Sukhdeo Yadav and Bijali Devi being father-in-law and mother-in-law respectively have already been granted pre-arrest bail by this Court. Regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within six weeks from today, the petitioners named above are directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in Banka P. S. Case No. 347 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Kanchan/- U T