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Patna High CourtCR. MISC./35314/2023allowed

Vina Devi v. The State Of Bihar

2023-07-27Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35314 of 2023 Arising Out of PS. Case No.-318 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== 1.

Vina Devi Wife Of Pitamber Jha Resident Of Village - Narepur Dharampur Laxmi Dham, P.S. - Bachhwara, Distt. - Begusarai 2.

Pitamber Jha Son Of Late Anirudh Jha Resident Of Village - Narepur Dharampur Laxmi Dham, P.S. - Bachhwara, Distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-07-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

3. Allegation against the petitioners is that they tortured and assaulted the informant's sister so her condition became worsened and later on she died after surgery.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the petitioners are the mother-in-law and father-in-law of the deceased. He submits that the husband of the deceased has not been made accused in the present case.

Patna High Court CR. MISC. No.35314 of 2023(2) dt.27-07-2023 2/2 He submits that there is general and omnibus allegation levelled against the petitioners. He submits that the deceased has died in P.M.C.H. and the doctor in the death certificate declared that the deceased died due to Cardio Pulmonary Arrest. He further submits that petitioners have one criminal antecedent as stated in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bachhwara P.S. Case No. 318 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T