Shobha Devi v. The State Of Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37986 of 2023 Arising Out of PS. Case No.-474 Year-2021 Thana- KHAGARIA District- Khagaria ====================================================== 1.

Shobha Devi W/O Late Bhushan Thakur R/O Village- Bishanpur Narayan Tola Ps. Muffasil, Dist. Khagaria 2.

Sikandar Thakur S/O Wishwanath Thakur R/O Village- Bishanpur Narayan Tola Ps. Muffasil, Dist. Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Choudhary For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-08-2023 Heard learned counsel for the petitioners, informant 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 302/34 of the Indian Penal Code.

3. Petitioners along with other accused persons are said to have committed murder of the daughter of the informant.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the police after investigation submitted final form against the petitioners but the learned court below took cognizance against them. He submits that the petitioners are the mother and uncle of co-accused Deepak

Patna High Court CR. MISC. No.37986 of 2023(2) dt.01-08-2023 2/2 Thakur. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

5. Learned APP for the State and learned counsel for the informant opposing the prayer for bail submit that the petitioners are named in the FIR but after due investigation, the petitioners have not been sent up in this case but from the perusal of the case record in order sheet dated 04.11.2022 it transpires that the cognizance has been taken against both of the petitioners.

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 Suppl. Khagaria (Muffasil) P.S. Case No. 474 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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