Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59298 of 2021 Arising Out of PS. Case No.-445 Year-2018 Thana- FATUA District- Patna ====================================================== 1.

USHA DEVI W/o- LATE DINESH PRASAD Resident of Village- Dumari, P.S.- Fatuha, Dist. Patna.

2.

Tarun Prasad S/o Late Dinesh Prasad Resident of Village- Dumari, P.S.- Fatuha, Dist- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Mohan For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-11-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 302 and some other ancillary Sections of the Indian Penal Code. It is alleged in the written report that the brother of the informant went to his sasural. Thereafter, the informant got information on 31.07.2018 that his brother died in his sasural. The informant went there and found him (deceased) lying dead. He has also found the sign of stab wound at his left hand and blackish mark on his back and at his neck.

Learned counsel appearing for the petitioners submits

Patna High Court CR. MISC. No.59298 of 2021(4) dt.07-11-2022 2/2 that petitioner No.1 is mother-in-law of the deceased and petitioner No.2 is his brother-in-law and only on suspicion they have been implicated in this case. The informant is not an eye witness of the occurrence and no specific overt act has been assigned against these petitioners. The doctor has opined the cause of death as asphyxia due to hanging. Petitioners have got clean antecedent.

Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case and clean antecedent of the petitioners, let the petitioners, above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Patna City, Patna in connection with Fatuha PS case No.445/ 2018, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T