Sunita Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40614 of 2016 Arising Out of PS.Case No. -156 Year- 2015 Thana -BARGANIA DistrictSITAMARHI =====================================

1. Sunita Devi, Wife of Ram Kishun Sah.

2. Munna Sah, Son of Yogi Sah.

Both resident of Village- Masaha Narrottam, Police StationBairgania, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar, Adv. For the Opposite Party/s : Mr. Chaubey Jawahar, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-09-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of Bairgania P.S. Case No. 156 of 2015, disclosing offences under Sections 302 and 201/34 of the Indian Penal Code.

Petitioner No. 1 is the brother-in-law of the deceased, whereas petitioner No. 2 is cousin of the husband of the deceased.

Patna High Court Cr.Misc. No.40614 of 2016 (2) dt.22-09-2016 2/3 Learned counsel for the petitioners has submitted that the husband of the deceased was convicted and has been acquitted by judgment and order, dated 07.05.2016, passed in Sessions Trial No. 01 of 2016/03 of 2016. It has also been submitted that the deceased was married to the son of petitioner No. 1 nearly more than 12 years before the alleged date of occurrence.

From the First Information Report, it appears that there is no explicit basis, mentioned in the First Information Report, in order to form an opinion that petitioners are responsible for killing of the deceased. In view of the submission, as above, this application is allowed. Let the petitioners, above named, 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/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sadar, Sitamarhi, in connection with Bairgania P.S. Case No. 156 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

Patna High Court Cr.Misc. No.40614 of 2016 (2) dt.22-09-2016 3/3 petitioners, above named, 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.) Praveen-II/- U T