Kaushalya Devi And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6606 of 2016 Arising Out of PS.Case No. -245 Year- 2014 Thana -BALIA District- BEGUSARAI ======================================================

1. Kaushalya Devi Wife of Tuffani Thakur

2. Soni Devi W/o Mantun Thakur

3. Mantun Thakur S/o Arjun Thakur All resident of village - Rahatpur, P.S. Ballia, District - Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Amit Kumar Rakesh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-02-2016 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

The prosecution case is that the informant Komal Devi, who was at her parents house received information from her neighbour at the in-laws house through phone that her husband Rohit Thakur has been killed. On receiving such information the informant along with her

Patna High Court Cr.Misc. No.6606 of 2016 (2) dt.12-02-2016 father went to her matrimonial house and found the information true, but the time when the informant reached to the matrimonial house, the dead body was disposed of. On query the in-laws family disclosed that her husband committed suicide by hanging. The informant suspected the hands of the in-laws people in the commission of the murder of her husband.

It is submitted by the learned counsel for the petitioners that the petitioners are agnate of the in-laws of the informant and only on suspicion the accusation has been levelled.

Considering the fact that the petitioners are the agnate of the in-laws of the informant, the accusation is based on suspicion, coupled with the statement made in para-3 of the petition that petitioners have no criminal antecedent and similarly situated co-accused Sarovar Thakur has been granted bail by a Co-ordinate Bench of this Court vide Cr. Misc. 27318 of 2015, 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 twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusrai in connection with Ballia P.S. Case No. 245 of 2014, subject to conditions as laid down

Patna High Court Cr.Misc. No.6606 of 2016 (2) dt.12-02-2016 under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T