Niraj Kumar @ Dhiraj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10454 of 2021 Arising Out of PS. Case No.-104 Year-2020 Thana- ATHMALGOLA District- Patna ====================================================== 1.

Niraj Kumar @ Dhiraj Singh, aged about 35 years, male, S/o Umesh Singh. 2.

Chanda Kumari @ Chanda Devi @ Chand Devi, aged about 24 years, female, W/o- Niraj Kumar @ Dhiraj Singh.

Both are R/o Village- Hasanchak, P.S.- Athamalgola, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Jha, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-02-2022 Heard the counsel for the parties.

Mr. Gajendra Kumar Jha, the counsel for the petitioners seeks permission to withdraw the application with respect to petitioner No. 1, namely, Niraj Kumar @ Dhiraj Singh, who has been arrested during the pendency of this bail application.

Permission is granted.

Patna High Court CR. MISC. No.10454 of 2021(2) dt.22-02-2022 2/3 The application with respect to petitioner No. 1 is thus dismissed as withdrawn as having become infructuous. The petitioner No. 2, namely, Chandra Kumari @ Chanda Devi @ Chand Devi seeks bail in anticipation of her arrest in connection with Athamalgola P.S. Case No. 104 of 2020, dated 07.05.2020, instituted for the offences under Sections 304(B), 201 and 34 of the Indian Penal Code. She is the sister-in-law of the deceased.

The learned counsel for the petitioner No. 2 has submitted that though she has has been named in the F.I.R., but the accusation against her is general and omnibus. Because she is one of the family members of the deceased and her husband, that is why she has been made accused in this case. It has further been submitted that the other accused persons of this case have been granted the privilege of anticipatory bail.

The husband of the deceased is in custody.

Regard being had to the facts afore-stated, the petitioner No. 2, namely, Chandra Kumari @ Chanda Devi @ Chand Devi in the event of her arrest or surrender before

Patna High Court CR. MISC. No.10454 of 2021(2) dt.22-02-2022 3/3 the learned Court below within a period of four weeks, is directed to be released on bail on her furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Barh in connection with Athamalgola P.S. Case No. 104 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands disposed off accordingly. (Ashutosh Kumar, J) Praveen-II/- U T