Patna High CourtCR. MISC./58995/2017bail granted

Dilwas Devi @ Munni Devi And ORS v. The State Of Bihar

2017-12-13Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58995 of 2017 Arising Out of PS.Case No. -60 Year- 2017 Thana -CHAINPUR District- BHABHUA (KAIMUR) ======================================================

1. Dilwas Devi @ Munni Devi, W/o Mohan Yadav,

2. Heera Yadav S/o Late Bigu Yadav,

3. Reema Kumari D/o Heera Yadav,

4. Mohan Yadav S/o Late Bigu Yadav, All R/o Village- Majhuee, P.S.- Chainpur, District- Kaimur (Bhabua). .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ajay Nandan Sahay, Advocate For the Opposite Party/s : Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 13-12-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Chainpur P.S. Case No. 60 of 2017 registered under Sections 304-B, 201 read with 34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that on completion of investigation the police found lack of evidence against the petitioners and, thus, a final report was submitted in the court, but differing with the police report,

Patna High Court Cr.Misc. No.58995 of 2017 (2) dt.13-12-2017 the learned Magistrate took cognizance of the offence. He submitted that the husband of the alleged victim namely, Upendra Yadav has already been granted bail by this Court vide order dated 03.08.2017 passed in Cr. Misc. No.27680 of 2017. The petitioners happen to be mother-in-law, uncles-in-law, gotni and bhaisur respectively and had no concern with day to day family affairs of the wife of the Upendra Yadav. Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioners. Regard being had to the final report submitted by the police against the petitioners, in the event of arrest or surrender in the court below within six weeks from today, they 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 the learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Chainpur P.S. Case No. 60 of 2017 subject to the conditions as laid down under Section 438(2) Cr. P.C.

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