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Patna High CourtCR. MISC./53801/2022bail granted

Ratan Priya @ Ratna v. The State Of Bihar

2022-11-22Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53801 of 2022 Arising Out of PS. Case No.-115 Year-2020 Thana- BELHAR District- Banka ====================================================== 1.

Ratan Priya @ Ratna Wife of Gautam Pandit @ Gautam Kumar Pandit Resident of village- Kharaundha, P.S.- Belhar, District- Banka. 2.

Tara Devi W/O Niranjan Pandit resident of village- kharaundha, p.s.- Belhar, District- Banka.

3.

Ratni Devi W/O Mahendra Pandit resident of village- kharaundha, p.s.- Belhar, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-11-2022 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioners seek bail in connection with Belhar P.S. Case No. 115 of 2020 registered for the offence under Sections 302/34 of the Indian Penal Code.

The accused/petitioners are named in the F.I.R. and are in custody since 19.07.2022.

The allegation against the petitioners is to commit murder of the daughter of informant due to family disputes

Patna High Court CR. MISC. No.53801 of 2022(2) dt.22-11-2022 2/3 along with other co-accused persons/family members. Learned counsel appearing on behalf of the petitioners submitted that allegation against these petitioners is very much general and omnibus, whereas the husbands of the petitioners were not arrayed as an accused in present case, creating a doubt over entire allegation, as matter is related with property dispute. It is further submitted that similarly situated co-accused person has been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 72339 of 2021 vide order dated 13.05.2022. While concluding the argument, it has been submitted that investigation of this case is complete, where charge-sheet has been submitted, as such, there is no chance of tempering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as the allegation against above named petitioners appears to be very much general and omnibus coupled with the fact that charge-sheet has been submitted, let all the petitioners, above named, are directed to be released on bail in connection with Belhar P.S. Case No. 115 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.53801 of 2022(2) dt.22-11-2022 3/3 Magistrate/Court concerned, Banka/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T