Ramawati Devi @ Ramapati Kuwar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42376 of 2016 ======================================================
1. Ramawati Devi @ Ramapati Kuwar, wife of Late Vishwanath Ray
2. Kiran Devi, wife of Srikant Ray Both resident of village-Magaha Tola, Laxmipur, Police Station Fulwaria (Shripur O.P.), District Gopalganj .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Baxi S. R. P. Sinha, Sr. Adv. Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-10-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Fulwaria (Shripur O.P.) Police Station Case No. 115 of 2015, disclosing offences under Section 302/34 of the Indian Penal Code.
The petitioners are mother and wife of the brother of the deceased. The informant is the widow of the deceased.
It is alleged in the First Information Report that in respect to some dispute over money, the accused persons killed the husband of the informant by pressing his neck.
Learned Senior Counsel, appearing on behalf of
Patna High Court Cr.Misc. No.42376 of 2016 (2) dt.06-10-2016 2/2 the petitioners, has submitted that the case of the prosecution, as narrated in the First Information Report, appears to be highly improbable and palpably false. Considering the above submission and the fact that the petitioners are ladies, this application is allowed. Let the petitioners, namely, Ramawati Devi @ Ramapati Kuwar and Kiran Devi, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate XIII, Gopalganj, in connection with Fulwaria (Shripur O.P.) Police Station Case No. 115 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Prabhakar Anand/-c U √ T √