Nandu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6879 of 2021 In CRIMINAL MISCELLANEOUS No.62635 of 2019 Arising Out of PS. Case No.-209 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== 1.

Nandu Devi W/o Rinku Rai @ Rinku Ray 2.

Rinku Rai @ Rinku Ray S/o Anil Rai @ Anil Ray Both R/o village- Shokhara- 01, Ward No. 9, Vishkarma Tola, P.S.- Phulwarria, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar, Adv.

For the State :

Mr. Sanjay Kumar Singh, APP For the Informant :

Mr. Binod Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-03-2021 Heard learned counsel for the petitioners, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

This application has been filed by the petitioners for modification of order dated 28.11.2019 passed in Cr. Misc. No. 62635 of 2019, whereby undertaking was given by learned counsel for the petitioners that husband of the deceased would surrender and upon his surrender petitioners be granted anticipatory bail.

It is submitted on behalf of the petitioners that husband of the deceased has not surrendered till date as such a prayer has been made for modifying the said order and waive

Patna High Court CR. MISC. No.6879 of 2021(3) dt.10-03-2021 2/2 said conditions in the order.

Learned counsel for the petitioners further submits that petitioner no.1 is married Sister-in-law (Nanad) and petitioner no.2 is Brother-in-law (Nandosi) of the deceased and they reside at a different place and are no where related with present incident. They made all efforts to get the husband of victim surrender but could not succeed. Allegations against petitioners are general and omnibus in nature, nothing specific against them.

In view of submissions made the conditions imposed in the order dated 28.11.2019 passed in Cr. Misc. No. 62635 of 2019 that petitioners would be granted anticipatory bail only after husband of accused namely Jyoti Singh surrender in the court below is waived.

The order dated 28.11.2019 passed in Cr. Misc. No. 62635 of 2019 is modified to the extent indicated above. (S. Kumar, J) Prakash Narayan /- U T