Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32318 of 2020 Arising Out of PS. Case No.-83 Year-2019 Thana- RAMGARHWA District- East Champaran ====================================================== 1.

Usha Devi, aged about 42 years, female, Wife of Santosh Sah @ Santosh Prasad 2.

Prashansa Devi @ Prashansha Kumari, aged about 23 years, female, Wife of Late Mukesh Prasad 3.

Prabhu Sah @ Prabhu Prasad, aged about 19 years, male, Son of Santosh Sah @ Santosh Prasad All are resident of Village- Bandhu Barwa, P.S.- Ramgarhwa, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-02-2021 Heard Mr. Umesh Chandra Verma, learned counsel for the petitioners and Mr. Ram Priya Sharan Singh learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Ramgarhwa P.S. Case No. 83 of 2019, dated 09.05.2019, instituted for the offences under Sections 302 and 34 of the Indian Penal Code. The accusation in the F.I.R. is that the deceased

Patna High Court CR. MISC. No.32318 of 2020(2) dt.08-02-2021 2/2 had gone to the house of the petitioners for marrying petitioner No. 2; but alas! his dead-body was recovered. There was a ligature mark on the neck of the deceased. Considering the facts afore-stated, I am not inclined to grant anticipatory bail to the petitioners; notwithstanding the fact that petitioner Nos. 1 and 2 are ladies.

The prayer for grant of bail is, accordingly, rejected.

However, if the petitioners surrender before the Court below and seek bail, the Court below, after taking into account all the necessary facts, shall consider the case on its own merits without being prejudiced by the fact that the present anticipatory bail application has not been entertained by this Court.

The application stands dismissed.

(Ashutosh Kumar, J) Praveen-II/- U T