Bedamiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38869 of 2021 Arising Out of PS. Case No.-96 Year-2009 Thana- NARHATT District- Nawada ====================================================== 1.

Bedamiya Devi W/O Rajo Rajbanshi R/O Village-Baniyan Bigha, P.SNarhat, District-Nawada. 2.

Binod Rajbansi S/O Rajo Rajbansi R/O Village-Baniyan Bigha, P.S-Narhat, District-Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sidhendra Narayan Singh For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 498(A), 306/34 of the Indian Penal Code. The accusation against the petitioners is of

Patna High Court CR. MISC. No.38869 of 2021(3) dt.30-03-2022 2/3 killing the daughter of the informant.

Learned counsel for the petitioners seeks permission to withdraw the petitioner with regard to petitioner No. 2 namely Binod Rajbansi being husband of the victim since he has surrendered before the learned Court below.

Permission is accorded.

Accordingly, the petition with regard to petitioner No. 2 namely Binod Rajbansi is dismissed as withdrawn.

It is submitted by learned counsel for the petitioners that petitioner No. 1 is mother-in-law of the victim and she was not present on the date and time of occurrence in the village. The petitioner No. 1 has been implicated in this case only because she happens to be the mother of the husband of the victim.

Considering the fact that thrust of accusation is against the husband of the victim who has surrendered before learned Court below, let the petitioner No. 1,

Patna High Court CR. MISC. No.38869 of 2021(3) dt.30-03-2022 3/3 above named, in the event of her arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Narhat P.S. Case No. 96 of 2009, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T