Sudama Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63103 of 2021 Arising Out of PS. Case No.-97 Year-2021 Thana- BISHWAMBHARPUR DistrictGopalganj ====================================================== 1.

SUDAMA DEVI Wife of Late Rudal Yadav Resident of Village- Sipaya Khas, P.S.- Bishwambharpur, District- Gopalganj (Bihar) 2.

Saroj Devi W/o Ramdarash Yadav Resident of Village- Sipaya Khas, P.S.- Bishwambharpur, District- Gopalganj (Bihar) 3.

Khushbu Devi W/o Chandan Yadav Resident of Village- Sipaya Khas, P.S.- Bishwambharpur, District- Gopalganj (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shri Prakash Srivastava, Advocate For the Opposite Party/s :

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-03-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in connection with Bishwambharpur P.S. Case No. 97 of 2021 instituted for the offences under Sections 364 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are in custody since 06.08.2021, are persons with clean antecedent, charge-sheet has been submitted in the case and are women. Learned counsel submits that petitioner no. 1 is aged about 71 years and petitioner nos. 2 and 3 are aged about 35 and 30 years respectively.

Patna High Court CR. MISC. No.63103 of 2021(2) dt.10-03-2022 2/3 The informant alleges that his brother (victim) was in love with with Anshu Kumari which was being objected by the family members of Anshu Kumari. On 03.08.2021, the victim went to market but did not return thereafter the sister-in-law of the informant informed that named accused persons have abducted the victim, accordingly the informant went to the house of Anshu Kumari who disclosed that her father along with other accused have abducted the victim with an intention to kill. Learned counsel for the petitioners submits that from perusal of the allegation as alleged in the F.I.R. it would manifest that the petitioners are not named in the F.I.R. nor any allegation has been alleged against them and merely because they are family members of Anshu Kumari, they have also been implicated in the present case. Learned counsel submits that even Anshu Kumari had not disclosed anything with regard to the petitioners herein.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioners.

Considering the fact that the petitioners are women, are in custody, are persons with clean antecedent, charge-sheet has been submitted and in the nature of allegations as alleged, the petitioners above named are directed to be released on bail

Patna High Court CR. MISC. No.63103 of 2021(2) dt.10-03-2022 3/3 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-X, Gopalganj in connection with Bishwambharpur P.S. Case No. 97 of 2021. (Satyavrat Verma, J) Rishi/- U T