Soni Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42612 of 2023 Arising Out of PS. Case No.-90 Year-2022 Thana- SIKTI District- Araria ====================================================== 1.

Soni Kumari D/O- Raj Kumar Sah Village- Bairgachhi Ward No-4, PsBardaha Dist- Araria 2.

Malti Devi @ Manti Devi Wife Of Raj Kumar Sah Village- Bairgachhi Ward No-4, Ps- Bardaha Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Vaishnavi Singh For the Opposite Party/s :

Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 306 of the Indian Penal Code.

3. As per the prosecution case, 2-3 young boys came at the house of the informant and took her son with them. When the son of the informant did not return, she started looking for him. After few hours she received informant that the dead body of his son is hanging from the tree near wheat field.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.42612 of 2023(2) dt.04-08-2023 2/2 apart from imagination and vague suspicion no material has been brought on record to even remotely connect the petitioners with the death of the son of the informant. He further submits that earlier the police has instituted U.D. Case bearing U.D. Case No. 01 of 2021. Petitioner no. 1 has no criminal antecedent and petitioner no. 2 has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Sikti (Bardaha) P.S. Case No.90 of 2022, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T