Shankar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29380 of 2020 Arising Out of PS. Case No.-37 Year-2020 Thana- PATEPUR District- Vaishali ====================================================== 1.

Shankar Rai aged about 48 years Son Of Late Ayodhya Rai Resident of Village- Bahuara, P.S.- Patepur in the District of Vaishali. 2.

Sunita Devi aged about 45 years Wife of Shankar Rai Resident of VillageBahuara, P.S.- Patepur in the District of Vaishali. 3.

Punam Devi @ Sunaina aged about 22 years Wife of Chandan Rai Resident of Village- Bahuara, P.S.- Patepur in the District of Vaishali. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Sunil Kumar, Advocate For the Opposite Party :

Mr. Anand Kishore, Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-12-2020 At the outset, learned counsel for the petitioners seeks permission to withdraw the pre-arrest bail petition of petitioner no.1.

Bail petition is dismissed as withdrawn in respect of petitioner no.1.

Heard learned counsel for the petitioners no.2 and 3 as well as learned Additional Public Prosecutor for the State through Video conferencing.

Petitioners no. 2 and 3 apprehend their arrest in a case registered for the offence punishable under Sections 302/120B of the Indian Penal Code.

Prosecution's case in short is that the petitioners and other accused persons, all named in the FIR have conspired and killed informant's wife and hanged her dead body in his house due to land dispute.

Learned counsel appearing for the petitioners submits that the petitioners have been made accused on suspicion. Informant is not eye witness of the occurrence. Petitioners are ladies and no incriminating material has come in course of investigation to connect them with the alleged

Patna High Court CR. MISC. No.29380 of 2020(2) dt.11-12-2020 2/2 occurrence. There is land dispute between the parties. Petitioners have got no criminal antecedent.

Considering the facts of the case, in the event of arrest/surrender, let the petitioners no. 2 and 3, named above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate XIV, Vaishali at Hajipur in Patepur Police Station Case No. 37 of 2020, subject to the conditions laid down under sections 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T