Basanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36733 of 2020 Arising Out of PS. Case No.-60 Year-2020 Thana- KALYANPUR District- East Champaran ====================================================== 1.

Basanti Devi wife of Ram Janam Paswan .

2.

Ram Janam Paswan son of Late Khekhar Paswan All Resident of VillageBalmi Nankar, P.S.- Kalyanpur, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-10-2021 Heard Sri Umesh Chandra Verma, learned counsel for the petitioner and Sri Dinesh Singh, learned APP for the State.

Petitioners seek anticipatory bail in Kalyanpur P.S. Case no. 60 of 2020 registered for the offence punishable under sections 304B and 201/34 of the Indian Penal Code. Learned counsel for the petitioners, at the outset, submits that petitioner no.2 is senior citizen aged about 60 years and petitioner no.1 is lady aged about 58 years and they are father-in-law and mother-in-law of the deceased respectively. Learned counsel for the petitioners submits that from perusal of the allegation as alleged in the FIR, it would manifest that nothing specif has been alleged against the petitioners and they

Patna High Court CR. MISC. No.36733 of 2020(3) dt.27-10-2021 2/3 have been implicated in the present case for the reason that they are father-in-law and mother-in-law of the deceased. Learned counsel for the petitioners further submits that husband of the deceased is in custody and so far as cause of death is concerned, post mortem clearly suggests that death was due to hanging as such the allegation in the FIR that firstly, deceased was throttled and thereafter, she was hanged prima facie appears to be not correct.

Learned APP vehemently opposes the prayer for anticipatory bail.

Considering the aforesaid facts that husband of the deceased is in custody and the present petitioners are father-inlaw and mother-in-law of the deceased, in the event of arrest/surrender within ten weeks from today, the petitioners are directed to be released on anticipatory bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate IX, Motihari, East Champaran in Kalyanpur P.S. Case no. 60 of 2020 subject to the condition under section 438(2) Cr.P.C.

(Satyavrat Verma, J) s.hassan/- U T

Patna High Court CR. MISC. No.36733 of 2020(3) dt.27-10-2021 3/3