Kiran Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49465 of 2016 Arising Out of PS.Case No. -81 Year- 2016 Thana -KHODAWANPUR District- BEGUSARAI ======================================================

1. Kiran Devi wife of Ranjeet Chaudhary resident of Village- Machhara, P.S.- Alauli, District- Khagaria.

2. Usha Devi @ Usha Kumari wife of Hari Narain Sahani

3. Hari Narain Sahni son of Sri Bino Sahani, Posted as Drugs Inspector, Sadar Hospital, Madhubani.

Both are resident of Village- Bara, P.S.- Khodabandpur, DistrictBegusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur Mr. Shashank Shekhar For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 13-01-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Diary in this case was called for earlier, which has, since been received.

Learned counsel for the petitioners submits that present petitioners have no role to play in the occurrence rather during the course of investigation, it has come on record that the main dispute was with regard to the Bolero vehicle which was being claimed by the deceased to have been purchased by her husband

Patna High Court Cr.Misc. No.49465 of 2016 (3) dt.13-01-2017 P2/3 whereas her Dewar Pankaj Kumar had been insisting that it was purchased by him. It is further submitted that such a fact has been endorsed by other witnesses of the area who have stated that while the deceased was resisting her Dewar from taking possession of the said vehicle, the said Dewar Pankaj Kumar forcibly started the vehicle and while reversing, the vehicle hit the deceased, breaking the door of the garage, resulting in serious injuries which finally led to her death.

Learned counsel appearing on behalf of the State while referring to several paragraphs of the case diary has submitted that independent witnesses have, in fact, confirmed the story as has been made out by the petitioners of the present case. It is further submitted by learned counsel for the State that none of the witnesses have spoken about the involvement of the present petitioners.

Considering the aforementioned facts and circumstances and there is no material in the case diary so as to implicate the present petitioners, let the petitioners abovenamed, in the event of their arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged 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 the

Patna High Court Cr.Misc. No.49465 of 2016 (3) dt.13-01-2017 P3/3 learned Sub-Divisional Judicial Magistrate, Manjhaul, Begusarai in connection with Khodawandpur P.S. Case No. 81/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T