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Patna High CourtCR. MISC./40039/2023bail granted

Sabita Devi v. The State Of Bihar

2023-07-28Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40039 of 2023 Arising Out of PS. Case No.-72 Year-2022 Thana- RAGHUNATHPUR District- Siwan ====================================================== 1.

SABITA DEVI W/O ASHOK SAH R/O Village- Laxmipur, PS. Raghunathpur, Dist. Siwan 2.

CHANDRAWATI DEVI @ CHANDRAWATI W/O CHOTELAL SAH R/OMardapur, PS. Siswan Town, Dist. Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh, Advocate.

For the Opposite Party/s :

Mr.Pranav Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-07-2023 Heard Mr. Krishna Kant Singh, learned counsel appearing on behalf of the petitioners and Mr. Pranav Kumar, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Raghunathpur P.S. Case No. 72 of 2022 registered for the offence punishable under Section 304B/34 of the Indian Penal Code.

3. As per the prosecution story, the allegation is of committing murder of the daughter of the informant who was married with the son of the petitioner no.1 and petitioner no.2 is the own sister of petitioner no.1.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.40039 of 2023(2) dt.28-07-2023 2/3 petitioners submitted that the son of the petitioner no.1 is already in custody. Petitioners have no role in alleged commission of offence. They are innocent and they have falsely been implicated in the present case. Petitioner no.2 is the own sister of the petitioner no.1 and she has no concern with the family affairs of petitioner no.1 and she resides in different village namely Mardapur. He further submits that husband of the petitioner no.1 has been released on bail against whom similar allegation has been made.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made against the petitioners as well as the fact that the petitioner no.1 is the mother-in-law and petitioner no.2 is the sister of petitioner no.1, the petitioners, above named, are directed to be released on prearrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VIII, Siwan in connection with Raghunathpur P.S. Case No. 72 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.40039 of 2023(2) dt.28-07-2023 3/3

7. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T