Kalawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51016 of 2023 Arising Out of PS. Case No.-36 Year-2023 Thana- PANAPUR District- Saran ====================================================== 1.

Kalawati Devi W/O Kameshwar Rai R/O Village- Chanda, P.S- Madhaura, Distt.- Saran At Chapra.

2.

Kameshwar Rai S/O Late Jaglal Rai R/O Village- Chanda, P.S- Madhaura, Distt.- Saran At Chapra.

... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

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

For the Petitioner/s :

Mr.Ram Binod Singh, Advocate For the Opposite Party/s :

Mr.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-11-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case in connection with Panapur P.S. Case No. 36 of 2023 dated 25.02.2023 registered for the offences punishable u/ss 302, 201 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, on secret information, the informant reached the place of occurrence, he saw a dead body of woman aged about 20-30 yeas was lying in the canal and unsuccessful attempt was made to bury her body with the intention to hide the evidence. It is further alleged that when the

Patna High Court CR. MISC. No.51016 of 2023(3) dt.10-11-2023 2/3 dead body was taken out of the soil, which become mutilated and could not be identified.

4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. It is further submitted that the petitioner no. 1 is the grand-mother and the petitioner no. 2 is the grand-father of the husband of the deceased. The petitioners are not named in the F.I.R. The name of the petitioners has sprung up in the confessional statement of the co-accused Anita Devi. It is further submitted that the petitioners have no concern with the alleged offence. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Saran at Chapra in connection with Panapur P.S. Case No. 36 of 2023, subject to conditions as laid down under Section 438(2) of the

Patna High Court CR. MISC. No.51016 of 2023(3) dt.10-11-2023 3/3 Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T