Janta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63655 of 2024 Arising Out of PS. Case No.-380 Year-2023 Thana- MUFFASIL District- Aurangabad ====================================================== 1.

Janta Devi W/O Ravindra Kumar Singh @ Ravindra Singh R/O VillageChaukhra, P.S- Aurangabad (M), Distt.- Aurangabad. 2.

Saurabh Kumar S/O Ravindra Kumar Singh @ Ravindra Singh R/O VillageChaukhra, P.S- Aurangabad (M), Distt.- Aurangabad. 3.

Sachin Singh @ Sachin Kumar S/O Ravindra Kumar Singh @ Ravindra Singh R/O Village- Chaukhra, P.S- Aurangabad (M), Distt.- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-09-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehends their arrest in connection with Aurangabad (Muffasil) P.S. Case No. 380 of 2023 registered for the offences punishable under Sections 302, 201 & 34 of the Indian Penal Code.

3.

Prosecution case in short is that one 'Arvind Kumar' was married to the sister of the informant in the year 2003 and out of wedlock no child was born to them and the deceased was strangulated to death by co-accused persons including the petitioners and also cremated the dead body of the

Patna High Court CR. MISC. No.63655 of 2024(3) dt.20-09-2024 2/3 deceased in a hasty manner.

4.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence as alleged against them and have falsely been implicated in the present case. Petitioner No. 1 is the sister-in-law of the deceased and petitioner Nos. 2 & 3 are sons of petitioner No. 1. It is submitted that husband of the deceased has been allowed regular bail by this Court vide order dated 26-06-2024, passed in Cr. Misc. 18680 of 2024. He submits that after completing the investigation, police submitted final form against the petitioners but differing with the final form, the learned court below took cognizance against them. Petitioners bear clean antecedent. 5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the

Patna High Court CR. MISC. No.63655 of 2024(3) dt.20-09-2024 3/3 case is pending/successor court in connection with Aurangabad (Muffasil) P.S. Case No. 380 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Rudra Prakash Mishra, J) Raj Kishore/- U T