Lakshmina Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78842 of 2018 Arising Out of PS. Case No.-70 Year-2018 Thana- KARAMCHAT District- Bhabhua (Kaimur) ======================================================

1. Lakshmina Devi W/o Jai Prakash Sah

2. Jai Prakash Sah @ Basawan Sah S/o Salchand Sah Both resident of village-Kuharhi, P.S-Bhabua, Distt.-Kaimur(Bhabua). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shankar Sahay, Adv.

Mr.Chandra Mohan Jha, Adv.

For the Opposite Party/s :

Mr.Sri Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-01-2019 This is an application for grant of anticipatory bail in connection with Karamchat P.S. Case No. 70 of 2018, disclosing offences under Sections 302, 201, 120(B)/34 of the Indian Penal Code.

Allegation as per F.I.R. is that the sister of the informant had got out to attend the call of nature with petitioner no.1, but she did not return and only petitioner no.1 has return and thereafter she was traceless and later on, the dead body of sister of the informant was found in a pond.

Submission of learned counsel for the petitioners is that the petitioners have been made accused in this case only on the basis of suspicion as the Devar of the informant had love

Patna High Court Cr.Misc. No.78842 of 2018(3) dt.31-01-2019 2/2 affair with the deceased, which was not liked by the petitioner no.1.

Heard learned A.P.P. also, who opposed the prayer for anticipatory bail of the petitioners.

Having heard both sides, so far petitioner no.1 is concerned, I am not inclined to grant anticipatory bail to her, rather she should surrender before the learned court below and make prayer for regular bail.

So far petitioner no.2 is concerned, this application is allowed. Let petitioner no.2, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Bhabua, in connection with Karamchat P.S. Case No. 70 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) Amjad/- U T