Mira Devi @ Neera Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2216 of 2018 Arising Out of PS. Case No.-61 Year-2017 Thana- BADHAILA District- Rohtas ====================================================== Mira Devi @ Neera Devi wife of Bashisth Singh @ Munna Singh resident of Village : Siyawank, P.S. : Baghaila, District : Rohtas. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== with Criminal Miscellaneous No. 3294 of 2018 Arising Out of PS. Case No.-61 Year-2017 Thana- BADHAILA District- Rohtas ====================================================== Bashisth Singh @ Munna Singh S/o Late Hira Singh, R/o Village- Siyawank, P.S.- Baghaila, District- Rohtas.

... ... Petitioner/s

Versus

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

(In Criminal Miscellaneous No. 2216 of 2018) For the Petitioner/s :

Mr. Pawan Kumar Singh For the Opposite Party/s :

Mr. SRI NAGENDRA PRASAD (In Criminal Miscellaneous No. 3294 of 2018) For the Petitioner/s :

Mr. Pawan Kumar Singh For the Opposite Party/s :

Mr. MR. MANOJ KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-02-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek Anticipatory bail in connection with Baghaila P.S. Case No. 61 of 2017 registered under Sections 302, 201, 120(B), 34 of the Indian Penal Code. Informant is the father of the deceased who in his written

Patna High Court Cr.Misc. No.2216 of 2018(4) dt.21-02-2018 2/3 statement has stated that on 02.09.2017 at about 9:00 AM his son went to residence of his brother-in-law to bring fish and when he did not return he went to the house of his brother-inlaw on 03.09.2017 and he informed that he had left this house on 02.09.2017 itself and thereafter he was informed that one dead body was lying in a field and when he and other villagers went there, they identified the dead body as a son of informant and thereafter on the basis of suspicion he has made accused his brother in law and his wife as accused in this case of killing his son by conspiracy.

However, during investigation it has come that son of petitioner's Naga, the deceased and one Aman Kumar were in relation with one Jyoti Kumari and her statement has also been recorded in which she has stated that she was closed to Naga and deceased and Aman Kumar and also used to talk with them. It has been submitted by the counsel for the petitioners that the petitioner have been made accused in this case only on the basis of suspicion and there is nothing incriminating found against the petitioners.

Considering the facts and circumstances of the case, prayer of Anticipatory bail is allowed and petitioners named above in the event of arrest or surrender before the court below within four weeks from today, the petitioners are directed to be released

Patna High Court Cr.Misc. No.2216 of 2018(4) dt.21-02-2018 3/3 on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Judge-IX-cum-A.C.J.M., Sasaram (Rohtas), in connection with Baghaila P.S. Case No. 61 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) veena/- U T