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Patna High CourtCR. MISC./53943/2023bail granted

Chandani Devi v. The State Of Bihar

2024-05-03Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53943 of 2023 Arising Out of PS. Case No.-177 Year-2023 Thana- AGAMKUAN District- Patna ====================================================== 1.

CHANDANI DEVI W/O Sanjeev Sao,D/o- VIJAY SAW MohallaKumharar Mahaveer Asthan Imali Tal Ps- Agamkuan Dist- Patna 2.

Pinki Devi @ Pinki Kumari D/o- Vijay Saw Mohalla- Kumharar Mahaveer Asthan Imali Tal Ps- Agamkuan Dist- Patna 3.

Sanjeev Saw @ Sanjeev Kumar son of Munna Saw Mohalla- Kumharar Mahaveer Asthan Imali Tal Ps- Agamkuan Dist- Patna 4.

Sujata Devi D/o- VIJAY SAW Mohalla- Kumharar Mahaveer Asthan Imali Tal Ps- Agamkuan Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar , Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-05-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code .

3. As per prosecution case , younger son of informant informed on his mobile that elder son of the informant has committed suicide . Informant suspects that these petitioners along with other F.I.R., named accused persons have killed his son.

Patna High Court CR. MISC. No.53943 of 2023(8) dt.03-05-2024 2/3

4. It is submitted on behalf of the petitioners that petitioner Nos. 1 and 2 are sister-in-laws of deceased, petitioner No. 3 is brother-in-law of deceased and petitioner No. 4 is the wife of the deceased. He next submits that marriage of the deceased was solemnized to petitioner No. 4 on 04.06.2009 and thereafter both of them shifted at a rented house. Petitioners Nos. 1, 2 and 3 are separate in mess and property and have got no concern with the affairs of the couple. Petitioner no. 4 was not present at the place of occurrence. Moreover, post-mortem report reveals that the cause of death is 'Asphyxia caused by hanging'. Lastly, it is submitted that only suspicion has been raised against these petitioners and there is no eye witness of the alleged occurrence. Petitioners claim clean antecedent.

5. Learned counsel for the State oppose the bail petition.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. Chief Judicial Magistrate -IV, Patna City in connection with Agamkuan P.S. Case No. 177 of 2023 , subject

Patna High Court CR. MISC. No.53943 of 2023(8) dt.03-05-2024 3/3 to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T