Sunita Devi @ Pramila Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.537 of 2017 Arising Out of PS.Case No. -132 Year- 2015 Thana -DHAKA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sunita Devi @ Pramila Devi W/o Shri Dayal Patel

2. Malti Devi W/o Ram Kripal Patel Both are resident of Village- Gahai, P.S.- Dhaka, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramakant Yadav For the Opposite Party/s : Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 08-02-2017 Heard learned counsel for the petitioners and the State. Petitioners apprehend their arrest in connection with Dhaka P.S. Case No. 132 of 2015 registered under sections 304(B), 201/34 of the Indian Penal Code.

Allegation is that the accused persons after killing Shjivdayal Patel second wife with her child set fire to Bhusauli of Gagan Patel.

It is submitted that the petitioner no. 1 is the first wife of Shivdayal Patel and the second petitioner is wife of the brother of the husband of the deceased and she resides separately and the first wife, petitioner no. 1 Sunita Devi was residing in her maternal home after the second marriage. It is further submitted that the police during investigation once came to the conclusion about

Patna High Court Cr.Misc. No.537 of 2017 (3) dt.08-02-2017 non-involvement of these petitioners and there is no eye witness in this case and these petitioners are women and have no criminal antecedent and Shivdayal Patel and Ram Kripal Patel are not petitioners.

Having considered the said facts and circumstances and also as petitioners are women, in the event of arrest/surrender within four weeks from the date of receipt of this order to the court concerned, let the petitioners, namely, Sunita Devi @ Pramila Devi and Malti Devi be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sikrahana at Dhaka in connection with Dhaka P.S. Case No. 132 of 2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Arun Kumar, J) S.Sb/- U T