Chameli Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46007 of 2014 Arising Out of PS.Case No. -93 Year- 2014 Thana -NAGARNAUSA District- NALANDA (BIHARSHARIFF) ======================================================

1. Chameli Devi W/o Hira Choudhary

2. Hira Choudhary S/o Ram Lal Choudhary Both of village - Asharafpur, P.S. Nagarnausa, District - Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pratik Kumar Sinha For the Opposite Party/s : Mr. Indu Kumari Srivastav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 03-03-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accused-petitioners, namely, Chameli Devi and Hira Choudhary, in connection with Nagarnausa Police Station Case No. 93 of 2014, under Sections 304B/201/34 of the Indian Penal Code.

Perused the above application and materials on record.

Heard Bal Mukund Prasad Sinha, learned Counsel for the petitioners, and Ms. Indu Kumari Shrivastava, learned Additional Public Prosecutor, appearing on behalf of the State.

The petitioner No. 2 is the elder brother of the husband of the deceased and petitioner No. 1 is the wife of

Patna High Court Cr.Misc. No.46007 of 2014 (3) dt.03-03-2015 2/3 petitioner No. 2, having a minor daughter, aged about 6 years.

In view of the fact that the accused above-named have been in custody since 27.09.2014 in connection with the case aforementioned and though charge sheet has been submitted, trial has not yet commenced and perusal of the materials available does not reveal such incriminating materials, which would warrant further detention of the accused-petitioners in custody, and in view also of the fact that the perusal of the materials does not reveal that the accused-petitioners' liberty on bail would adversely affect their trial, it is, in the interest of justice, hereby directed that the accused above-named shall be released on bail of Rs. 10,000/- with two sureties each, each of the like amount, subject to the satisfaction of the learned Judicial Magistrate, 1st Class, Hilsa, Nalanda, in connection with Nagarnausa Police Station Case No. 93 of 2014.

This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court below, as may be directed.

Patna High Court Cr.Misc. No.46007 of 2014 (3) dt.03-03-2015 3/3 In terms of the above observations and directions, this bail application shall stand disposed of. (I. A. Ansari, J.) Prabhakar Anand/- U √ T √