Gunja Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57628 of 2024 Arising Out of PS. Case No.-297 Year-2024 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== 1.
Gunja Devi Wife of Sourabh Ranjan.
2.
Shushila Devi Wife of Anil Prasad @ Anil Saw Both Resident of Mohalla - Shahpur (Akhada), P.S.- Aurangabad (Town), District - Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 04-09-2024 Heard learned counsel appearing on behalf of the petitioners and learned APP for the State.
2. Petitioners seek pre-arrest bail in connection with Aurangabad (Town) P.S. Case No.297 of 2024, registered for the offences punishable under Sections 302 and 120(B)/34 of the Indian Penal Code .
3. As per the allegation made in the FIR, all the family members of the petitioners with a common intention strangulated the daughter of the informant.
4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and the victim has herself committed suicide. The post mortem report
Patna High Court CR. MISC. No.57628 of 2024(2) dt.04-09-2024 2/2 also reveals that it is a case of suicide.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.
6. Having considered the rival submissions made on behalf of the parties, as well as, the fact that it has been recorded in the impugned order that there is ligature mark in neck spread from front to left side ear and not present in the right side of neck, I am not inclined to enlarge the petitioners on pre-arrest bail, however, the petitioners, if so advised, may surrender before the learned district court and make prayer for regular bail, which will be considered by the learned district court on the basis of the materials available on the record.
7. With the above observation/direction, the present bail application stands disposed of.
(Purnendu Singh, J) chn/durgesh U T