Nirmala Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42173 of 2016 Arising Out of PS.Case No. -46 Year- 2016 Thana -SABAUR District- BHAGALPUR ======================================================

1. Nirmala Devi, w/o Chamak Lal Mandal,

2. Saty Narayan @ Gautam Mandal @ Saty Narayan Mandal, s/o Chamak Lal Mandal, both resident of Village- Khurd Dumariya, P.S. Hanwara, District- Godda, (Jharkhand) .... .... Petitioners

Versus

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

For the Petitioner : Mr. Manohar Prasad Singh, Advocate For the Opposite Party : Mr. Mukeshwar Dayal (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioners apprehend their arrest in connection with Sabour (Goradih) P.S. Case No. 46 of 2016, registered for the offences punishable under Sections 302/201 of the Indian Penal Code.

Allegedly, the dead body of unknown lady was recovered which appears to be killed by causing injury and later on the dead body was identified as of Kavita Devi, the wife of Tetar Mandal and it is alleged that the petitioners and other with conspiracy have killed the lady and threw the dead body. Submission is of false implication and that the petitioners are living separately, they are mother-in-law and dewar

Patna High Court Cr.Misc. No.42173 of 2016 (3) dt.14-12-2016 2/2 of the deceased. The petitioner no.1 is aged about 70 years. The husband is already in custody. During investigation it has came that the petitioners were living separately from the husband of the deceased vide para 67 and 68 of the case diary and, as such, the petitioners deserve sympathetic consideration. The learned A.P.P. submits that the petitioners are mother-in-law and Dewar of the deceased and some of the witnesses have supported the allegation.

In the facts and circumstances as stated above, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri A. Pandey, learned A.C.J.M. Xth, Bhagalpur, in connection with Sabour (Goradih) P.S. Case No. 46 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T