Solo Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57077 of 2018 Arising Out of PS. Case No.-578 Year-2017 Thana- AMARPUR District- Banka ======================================================

1. Solo Devi, W/o Vinod Tanti,

2. Karma Devi W/o Upendra Tanti , Both R/o Vill.- Dumariya, P.S.- Amarpur, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandad Prasad For the Opposite Party/s :

Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-09-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 302/34 of the Indian Penal Code. The prosecution case, in short, is that the accused persons abused and assaulted the informant and his wife. Co-accused Jatan Tanti gave lathi blow on the head of the informant's wife, namely, Archana Devi, due to which she fell down and was taken to the Hospital and in course of treatment she died. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the

Patna High Court Cr.Misc. No.57077 of 2018(2) dt.17-09-2018 2/2 present case due to previous enmity. Co-accused, namely, Jatan Tanti is alleged to have given a lathi blow on the head of the deceased, which led to her death. No overt act has been alleged against the petitioners. No injury is attributed against the petitioners. The petitioners are said to be the members of unlawful assembly.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. case No.578 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T