Malti Devi And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.27375 of 2017 (2) dt.07-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27375 of 2017 Arising Out of PS.Case No. -42 Year- 2008 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ======================================================

1. Malti Devi, W/o Vidyanand Singh,

2. Pappu @ Santosh Kumar @ Santosh, S/o Vidyanand Singh, Both resident of Garhpar, P.S.- Bihar, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 07-07-2017 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners apprehend their arrest in connection with S.Tr. No. 22 of 2010 arising out of Bihar P.S. Case No. 42 of 2008 for the offences registered under Sections 364 of the Indian Penal Code.

Learned counsel for the petitioner submits that only during the course of the trial an application was filed under 319 of the Indian Penal Code for summoning the present petitioner and her son petitioner no. 2 as accused and the said petition is allowed. It is further submitted that thereafter, they are apprehending their arrest in connection with the present case. It is further submitted that till date none of the witnesses, who had appeared, had made any submission regarding the commission of the offence and the accused Vidyanand Singh, who was in custody on mere suspicion. There is no eye witness to the occurrence and at the late stage of

Patna High Court Cr.Misc. No.27375 of 2017 (2) dt.07-07-2017 the trial, the present application has been filed for implicating the present petitioners.

Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released 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 Additional Sessions Judge - I, Nalanda at Biharsharif in connection with S.Tr. No. 22 of 2010 arising out of Bihar P.S. Case No. 42 of 2008 , subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) Jagdish/- U