Chandan Poddar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24320 of 2015 Arising Out of PS.Case No. -192 Year- 2013 Thana -BHAGWANPUR District- BEGUSARAI ======================================================
1. Chandan Poddar S/o. Late Lakhan Poddar
2. Babita Devi W/o. Chandan Poddar, both residents of village- Naula, P.SBhagwanpur, District- Begusarai
3. Sakuni Devi @ Sakun Devi Sister of Chandan Poddar W/o. Shambhu Poddar resident of Village- Bagha, P.S.- Nagar, District- Begusarai .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Indu Kumari Sinha For the Opposite Party/s : Mr. Anil Kr. Singh No.1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2015 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in connection with Bhagwanpur PS case No. 193/2013 for the offence under section 302/34 of the Indian Penal Code. The prosecution story, in brief, is that the brother of informant used to come to the house of Pankaj Poddar since last 20 years and there was rumour of illicit relation between deceased and wife of Pankaj Poddar. His brother gave amount to wife of Pankaj Poddar after selling his property. On 21.10.2013 his brother was asked to bring further amount but he said that he had nothing to sell. On 24.10.2013 Manoj Poddar called his brother and thereafter his brother did not return.
It has been submitted on behalf of the petitioners that petitioners Nos. 2 and 3 are ladies. It has further been submitted
Patna High Court Cr.Misc. No.24320 of 2015 (2) dt.13-07-2015 2/2 on behalf of the petitioners that no direct or indirect evidence is there against the petitioners. It has been submitted on behalf of the petitioners that petitioners have been falsely implicated in this case.
It has been submitted on behalf of the State that the petitioners are named in the first information report. Considering the fact that petitioners Nos.2 and 3 are ladies, let the petitioners Nos.2 and 3, above named, in the event of their arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Bhagwanpur PS case No. 192/2013, subject to condition as laid down under section 438(2) of the Cr. P.C. As far as petitioner No.1, namely, Chandan Poddar is concerned, his prayer for anticipatory bail is rejected. He is directed to surrender before the court below within four weeks and pray for regular bail, which shall be considered own its own merit without being prejudiced by this order.
(Sudhir Singh, J) BKS/- U T