Anjani Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12394 of 2015 Arising Out of PS.Case No. -65 Year- 2014 Thana -AMARPUR District- BANKA ======================================================

1. Anjani Devi.

2. Pramod Yadav.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Ajay Mukherjee, Advocate. For the Opposite Party : Mr. C.Jawahar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-03-2015 Heard learned counsels for the petitioners and the State.

The petitioner no. 1 being the second wife of husband of the victim and petitioner no. 2 being the brother of petitioner no. 1 are apprehending their arrest in a case registered for the offences punishable under Sections 302, 201 and 120(B)/34 of the Indian Penal Code.

It is alleged by the informant that her daughter was married with Baleshwar Yadav about twelve years ago but since there was no issue, Baleshwar Yadav performed second marriage with petitioner no. 1. The daughter of the informant went to her matrimonial home on 01.03.2014 and remained there till 03/04.03.2014 and on 04.03.2014, the informant got information about missing of her

Patna High Court Cr.Misc. No.12394 of 2015 (2) dt.25-03-2015 2 / 3 daughter from her matrimonial home and thereafter, she alongwith others started searching her daughter and in the meantime, dead body of the victim was recovered from a well. The post mortem report of the victim shows no external injury hence, accusation of assault by the petitioners and husband of the victim gets falsified.

It is submitted by learned counsel for the petitioners that accusation has been levelled only on suspicion and there is no eye witness to occurrence and considering the same, the husband of the victim has been granted regular bail by this Court vide Cr. Misc. NO. 26760 of 2014 and others have been granted anticipatory bail by this Court vide Cr. Misc. Nos. 24224 of 2014 and 50580 of 2014. A statement has been made in paragraph no. 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the petitioners, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Amarpur (Fullidumar) P.S. Case No. 65 of 2014 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the

Patna High Court Cr.Misc. No.12394 of 2015 (2) dt.25-03-2015 3 / 3 learned C.J.M. Banka, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Dinesh Kumar Singh, J) U T