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Patna High CourtCR. MISC./49095/2022allowed

Samsundra Devi v. The State Of Bihar

2023-01-30Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49095 of 2022 Arising Out of PS. Case No.-120 Year-2022 Thana- GUTHANI District- Siwan ====================================================== 1.

SAMSUNDRA DEVI W/o Indrajeet Gond Resident of Village - Sematar , P.s.- Guthani, Distt.- Siwan.

2.

Indrajeet Gorh Son of late Juthan Gond Resident of Village - Sematar , P.s.- Guthani, Distt.- Siwan.

3.

Sanjay Gorh Son of Indrajeet Gond Resident of Village - Sematar , P.s.- Guthani, Distt.- Siwan.

4.

Pushpa Devi W/o Sanjay Gond Resident of Village - Sematar , P.s.- Guthani, Distt.- Siwan.

5.

Kiran Devi D/o Indrajeet Gond Resident of Village - Sematar , P.s.- Guthani, Distt.- Siwan.

... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Ramchandra Sahni For the Opposite Party/s :

Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-01-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

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

The petitioners in association of other co-accused are said to have assaulted and killed the daughter of the informant.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.49095 of 2022(4) dt.30-01-2023 2/2 petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case as they are in-laws of the deceased. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. As a matter of fact, while the deceased was cooking food, all of a sudden fire caught her in sari due to which she sustained severe burn injury and lastly died. Petitioner no.1 is mother-inlaw, petitioner no.2 is father-in-law, petitioner no.3 is Bhaisur, petitioner no.4 is elder gotani and petitioner no.5 is married nanad of the deceased. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, 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 lower Court where the case is pending/successor Court in connection with Guthani P.S. Case No.120 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T