Rajanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43680 of 2021 Arising Out of PS. Case No.-36 Year-2021 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.

RAJANTI DEVI W/o Jay Ram Kumar Resident of Village- Dhewahi, P.S.- Daudnagar, District- Aurangabad.

2.

CHHATRABALI SINGH S/o Late Bitan Singh Resident of Village- Kasim Bigha, P.S.- Obra, District- Aurangabad.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Adv.

Mr.Bhaskar Shankar For the Opposite Party/s :

Ms.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-02-2022 Heard learned Senior Counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners seek regular bail in connection with Daudnagar Police Station Case No. 36 of 2021, registered for the offences punishable under Sections 302/120-B/34 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the informant's elder son, Jairam Kumar, along with his wife, brother-in-law, and father-in-law, assaulted the husband of the informant by means of lathi, sticks, etc., causing his death.

Learned Senior Counsel for the petitioners submits

Patna High Court CR. MISC. No.43680 of 2021(2) dt.03-02-2022 2/3 that the petitioners have falsely been implicated in this case at the instance of other co-sharers inasmuch as there is land dispute between the family members. He further submits that the petitioner no. 1 is the daughter-in-law of the deceased and the petitioner no. 2 is the father of petitioner no. 1. He further submits that the son of the informant has also been made accused in this case. Referring to the post mortem examination report, learned Senior Counsel submits that except one external injury, i.e. bruise over left arm 2" x 1", no other external or internal injury has been found on the person of the deceased and the doctor could not ascertain the cause of death and viscera has been preserved for its examination. He further submits that the petitioners are in custody since 11.02.2021 and charge sheet has been submitted against the petitioners and as such, there is no likelihood that the petitioners will abscond and/or tamper with the evidence.

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that both the parties are closely related to each other, petitioner no. 1 is the daughterin-law of the deceased/informant, except one bruise, no other external or internal injury has been found on the person of the

Patna High Court CR. MISC. No.43680 of 2021(2) dt.03-02-2022 3/3 deceased, they are in custody since 11.02.2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioners.

This application is, accordingly, allowed.

Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad, in connection with Daudnagar Police Station Case No. 36 of 2021.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √