Sulekha Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11390 of 2016 Arising Out of PS.Case No. -17 Year- 2016 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ======================================================

1. Sulekha Devi, Wife of Anirudh Prasad

2. Anirudh Prasad, Son of Bideshi Mahto Both are residents of village - Arma, Police Station - Kajra, Distt. - Lakhisarai .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Rabindra Prasad Singh, Advocate For the Informant : Mr. Shambhu Sharan Singh, Advocate For the State : Mr. Umeshnand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 17-03-2016 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the informant. The petitioners apprehend their arrest in connection with Deepnagar P.S. Case No. 17 of 2016 for the offence punishable under Sections 304B and 328/34 of the Indian Penal Code.

Petitioner no. 1 is the sister of the husband of the deceased, Nitu Kumari. Petitioner no. 2 is the husband of Petitioner no.1.

The informant has stated that her daughter informed her that all accused persons administered poison and thereafter locked

Patna High Court Cr.Misc. No.11390 of 2016 (2) dt.17-03-2016 2/2 the door from outside.

Learned counsel for the petitioners submits that they are living separately and have no concern with the affairs of the family of the deceased, who was residing in different village. He further submits that the husband of the deceased is already in custody.

In the facts and circumstances of the case, let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Deepnagar P.S. Case No. 17 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, with the condition that the petitioner no. 2 would not physically absent for two consecutive dates at stretch till one witness is examined in the trial.

(Samarendra Pratap Singh, J) Vats/- U T