Most. Nirmala Devi @ Nirmala Devi And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.49944 of 2014 (2) dt.09-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49944 of 2014 Arising Out of PS.Case No. -167 Year- 2012 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Most. Nirmala Devi @ Nirmala Devi Wife of Late Uda Narain Singh

2. Deepak Kumar @ Deepak Kumar Singh @ Laddu Kumar Singh Son of Late Udai Narain Singh Both R/o Village Bankatwa, P.s. Sugauli, District East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Rina Sinha(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-04-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehends their arrest in connection with Sugauli P.S. Case No. 167 of 2012 registered for the offences punishable under Sections 304B, 498A and 201/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that though the petitioners' case for anticipatory bail was earlier rejected by this court on 30.09.2013, subsequent thereto husband of the deceased lady has been extended the privilege of regular bail vide annexure- 3. It is further submitted that the petitioner no. 1 is a very old lady and the matter has now been compromised. It

Patna High Court Cr.Misc. No.49944 of 2014 (2) dt.09-04-2015 is further submitted that actually the case under 304(B) could not be made out as the marriage had been solemnized in the year 2004 whereas; the event is of the year 2012.

Considering the aforesaid submissions and the fact that husband of the deceased has been extended the privilege of regular bail as also petitioner no. 1 is a old lady, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of two weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihar, East Champaran in connection with Sugauli P.S. Case No. 167 of 2012 subject to the conditions as laid down under Section 438(2) of the Cr.P.C..

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(Anjana Mishra, J) Jagdish/- U T