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Patna High CourtCR. MISC./52000/2024allowed

Kiran Devi v. The State Of Bihar

2024-12-13Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52000 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- DHANKUND District- Banka ====================================================== 1.

Kiran Devi W/o Kishori Sah @ Keshori Sah R/o vill - Hasai/ Hasay, P.S. - Dhoraiya (Dhankund), Distt. - Banka 2.

Kishori Sah @ Keshori Sah S/o Late Kutay Sah @ Krishna Sah R/o vill - Hasai/ Hasay, P.S. - Dhoraiya (Dhankund), Distt. - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Balram Kapri, Adv.

For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2024 Heard learned counsel for the petitioners and learned APP 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 read with Section 34 of the Indian Penal Code.

3. All the F.I.R. named accused persons including the petitioners in furtherance of the common intention are said to have tortured upon the informant's daughter physically and mentally. It is further alleged that the daughter of the informant being harassed has consumed poison and died during course of her treatment.

4. It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.52000 of 2024(4) dt.13-12-2024 2/3 that the petitioners are quite innocent and have committed no offence. No such occurrence as alleged has ever taken place. They have falsely been implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. They are in-laws of the victim, namely, Rashmi Devi. There is no specific overt act against them. The real fact is that the petitioners have been living separately from the husband of the deceased since long. They have no role in the alleged occurrence. It is further submitted that the husband of the deceased, namely, Rohit Sah has already been enlarged on bail by this Court vide order dated 17.10.2024 passed in Cr. Misc. No. 66779 of 2024. Learned counsel further submits that petitioners have no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, 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

Patna High Court CR. MISC. No.52000 of 2024(4) dt.13-12-2024 3/3 lower Court where the case is pending/successor Court in connection with Dhankund P.S. Case No.22 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T