Shushila Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29862 of 2017 Arising Out of PS.Case No. -44 Year- 2017 Thana -CHARIABARIYARPUR DistrictBEGUSARAI ======================================================

1. Shushila Devi, W/o Late Narayan Sahni,

2. Manorma Kumari, D/o Late Narayan Sahni.

3. Vimla @ Anita Devi, D/o Late Narayan Sahni. All resident of VillageManjhaul, P.S.- Cheriya Bariyarpur, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nakul Kumar Jamuar For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 09-08-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners are languishing in custody since 15.03.2017 in connection with Cheriya Bariyarpur P.S. Case No. 44/2017 for offences punishable under Sections 302, 120B, 34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that the petitioner and the informant side are agnates. There was a petty fight between the wife of the informant and the petitioners, who are alleged to have abused the grand child of the informant. The petitioners along with one another are alleged to have killed the wife of the informant by assaulting

Patna High Court Cr.Misc. No.29862 of 2017 (3) dt.09-08-2017 2/3 her with stones.

It has been submitted by the learned counsel for the petitioners that they are innocent, have been falsely implicated in the aforesaid case as there was a property dispute to dispossess them from the house and the allegations are general and omnibus. He submits that even the post mortem report does not specify any injury which can be specially attributed to any of the petitioners. It is submitted that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioners.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioners, above named, be enlarged on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Manjhaul, Begusarai, in connection with Cheriya Bariyarpur P.S. Case No. 44/2017, subject to the condition that one of the bailors would be a close relative of the petitioners having sufficient immovable property within the jurisdiction of the

Patna High Court Cr.Misc. No.29862 of 2017 (3) dt.09-08-2017 3/3 concerned police station, who will file an affidavit stating his relationship with the petitioners.

(Nilu Agrawal, J) Rajesh/- U T