Munni Devi And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3532 of 2016 Arising Out of PS.Case No. -381 Year- 2015 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Munni Devi W/o Late Pantu Kumar Paswan

2. Vilakshni Devi W/o Ramanand Paswan Both resident of villageKhabdah Kanhaili, P.S.- Narpatganj, District- Araria .... .... Petitioners

Versus

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

For the Petitioners : Mr. Anil Prasad Singh, Advocate. For the Opposite Party : Mrs. Gulnar Begum (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 12-04-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners apprehended their arrest in connection with Narpatganj P.S. Case No. 381/2015 registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.

The allegation against these petitioners is that, they being wife and mother-in-law of the deceased, killed the deceased namely Pintu Kumar Paswan.

The case diary in the present case was called for, which has been received.

Learned counsel for the petitioners submits that actually the entire case is based on suspicion and conjecture and

there is no iota of evidence to show that the petitioners were involved in the offence as alleged.

Learned counsel for the state after perusal of the case diary submits that though there has been allegation against these petitioners but apart from suspicion based on presumption that there was an illegal relation between the petitioner no.1 and Firoz Baitha, there is no further cogent material in the case diary so as to point out finger at the present petitioners. Learned counsel for the petitioners also submits that the wife of deceased namely Munni Devi, petitioner no.1 herein has in fact filed a complaint case on 10.09.2015 bearing Complaint Case No. 2617C/2015 but despite the order of the Court to register an F.I.R under section 156(3) Cr.P.C., the police did not do so for reasons best known to them.

Considering the nature of allegation and cloud of suspicion on the prosecution story, 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 enlarged on bail on furnishing bail bond of Rs.

P.S. Case No. 381/2015 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjana Mishra, J.) Amit/- U T