Anju Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26526 of 2017 Arising Out of PS.Case No. -182 Year- 2016 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Anju Devi wife of Amaldeo Singh
2. Amaldeo Singh, son of Late Bishun Singh Both are Resident of VillageBairiya, P.S.- Adapur, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay kumar Thakur, Advocate Mr. Shashi Kant Shekhar, Advocate For the State : Mr. Akshay Lal Pandit, A.P.P. For the informant : Mr. Vijay Shankar Srivastava ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-07-2017 Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State. The petitioner No. 1 is languishing in jail since 06.12.2016 and petitioner No. 2 is in custody since 14.11.2016 having voluntarily surrendered in connection with Adapur P.S.Case No. 182 of 2016 registered for offences punishable under Sections 302, 201/34 of the Indian Penal Code. The prosecution case as lodged by the informant is that the daughter of the informant was earlier kidnapped by Anil Singh for which a separate case was lodged vide Adapur P.S.Case No. 78 of 2015 and in that case, the statement of victim girl was
Patna High Court Cr.Misc. No.26526 of 2017 (3) dt.11-07-2017 2/3 recorded under Section 164 of the Cr. P.C. in which, she had agreed to live with Anil Singh. It is alleged that the informant did not get any information of his daughter, then he inquired from the people and learnt that his daughter has been killed by giving poisonous injection. The informant has raised suspicion against Anil Singh and his other family members.
It has been submitted by the learned counsel for the petitioners that they are mother-in-law and father-in-law, respectively of the deceased (daughter) of the informant and father and mother of Anil Singh. It has been submitted that there is general and omnibus allegation against them and they are not involved in the commission of offence and have been made accused only on the basis of suspicion. He also submits that one of the co-accused on a similar allegation has been granted the privilege of bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 24361 of 2017 on 25.05.2017 and considering the period of custody, a sympathetic consideration be given. He submits that charge sheet has already been submitted, hence there is no chance of tampering with the prosecution evidence.
Learned counsel for the informant as well as the learned A.P.P. for the State opposes the prayer for bail. Considering the facts and circumstance of the case and
Patna High Court Cr.Misc. No.26526 of 2017 (3) dt.11-07-2017 3/3 materials on record, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 10,000/-( Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in Adapur P.S.Case No. 182 of 2016. (Nilu Agrawal, J) Sudha/- U T