Sharda Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50048 of 2014 Arising Out of PS.Case No. -186 Year- 2014 Thana -FATEHPUR District- GAYA ======================================================

1. Sharda Devi Wife of Baldeo Singh

2. Guria Devi Wife of Mithilesh Kumar

3. Mithlesh Kumar Son of Baldeo Singh All residents of village - Manichak, P.S. Fatehpur, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Kant Singh For the Opposite Party/s : Mr. Gulnar Begum(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-09-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Fatehpur P.S. Case No.186 of 2014 for the offences instituted under Sections 302/201/34 of the I.P.C. The prosecution story, in brief, is that there is accusation against the petitioners of committing murder of the husband of the informant on account of partition of family property and disposing of the dead body in absence of the informant. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. Petitioner no.2 is bhabhi and petitioner no.3 is the elder brother of the deceased.

Patna High Court Cr.Misc. No.50048 of 2014 (5) dt.04-09-2015 2/2 There is no eye witness to the occurrence.

From perusal of the case diary it would appear that the deceased had committed suicide as he was not having a conjugal relationship with the informant. The present case has been instituted on behalf of the informant only in order to get share in the property of the deceased.

On behalf of the State and the informant it has been submitted that the petitioners are named in the F.I.R.Admittedly, there is a different version that has come in course of the investigation.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of four weeks from today in connection with Fatehpur P.S. Case No.186 of 2014 on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Gaya, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) AnilKrSinha/- U T