Kamla Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41303 of 2021 Arising Out of PS. Case No.-39 Year-2021 Thana- FATUA District- Patna ====================================================== 1.

KAMLA DEVI Wife of Rajeshwar Rai Resident of Village- Rukunpura, P.S.- Fatuha, District- Patna.

2.

Sudhir Kumar @ Sudhish Kumar Son of Rajeshwar Rai Resident of VillageRukunpura, P.S.- Fatuha, District- Patna. 3.

Rajeshwar Rai Son of Late Brijnandan Rai Resident of Village- Rukunpura, P.S.- Fatuha, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudra Deo For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 24-03-2022 Learned counsel for the petitioners is permitted to make necessary correction in the prayer portion of the bail application with regard to police station.

In view of the order dated 02.03.2022, the application of petitioner no. 3 Rajeshwar Rai has been dismissed as withdrawn.

Heard learned counsel for the petitioner nos. 1 and 2 and the learned A.P.P. for the State.

The petitioners apprehend arrest in connection with Fatuha P.S. Case No. 39 of 2021 registered under Section 304(B)/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.41303 of 2021(4) dt.24-03-2022 2/2 Learned counsel appearing on behalf of the petitioners submits that petitioners are mother-in-law and brother-in-law of the deceased. They are innocent and have falsely been implicated in the present case. Further he submits that there is no specific allegation against the petitioners. It is also submitted by filing supplementary affidavit that husband of the deceased is already in custody.

Having considered the facts and circumstances of the case, let the above named petitioner nos. 1 and 2 be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of the Special Judge, Excise Act, Patna in connection with Special Case No. 6442 of 2020 arising out of Fatuha P.S. Case No. 39 of 2021, subject to the condition as laid down under Section 438(2) of the Cr. P.C. shailendra/- (Arvind Srivastava, J) U T