Bina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36922 of 2023 Arising Out of PS. Case No.-381 Year-2020 Thana- GRIYAK District- Nalanda ====================================================== 1.

Bina Devi W/O Anuj Kumar R/O Village- Ghosrawan, P.S- Giriyak, Distt.- Nalanda.

2.

Khushboo Kumari D/O Ashok Kumar R/O Village- Ghosrawan, P.SGiriyak, Distt.- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurav Anand For the Opposite Party/s :

Ms. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners along with other accused persons are said to have committed murder of the sister of the informant and disappeared her dead body with intention to hide the evidence.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that petitioner no. 1 is sister-in-law of the deceased and petitioner

Patna High Court CR. MISC. No.36922 of 2023(2) dt.08-08-2023 2/2 no. 2 is niece of the deceased. There is no specific overt act agaisnt the petitioners. He further submits that the husband of the deceased has been acquitted by the learned Court below. Similarly situated co-accused have been enlarged on bail by a co-ordinate bench of this court vide order dated 18.07.2022 passed in Cr. Misc. No. 43022 of 2021. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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 lower Court where the case is pending/successor Court in connection with Giriyak P.S. Case No.381 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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