Manoj Pandey And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53119 of 2018 Arising Out of PS. Case No.-41 Year-2015 Thana- RAGHUNATHPUR District- Siwan ======================================================

1. Manoj Pandey Son of Angad Pandey

2. Sanjay Pandey Son of Angad Pandey

3. Manjay Pandey @ Ajay Pandey Son of Angad Pandey

4. Urmila Devi Wife of Manoj Pandey All resident of VillageHarnathpur, P.S. Raghunathpur in the District of Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hareram Singh For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-09-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 302, 201/34 of the Indian Penal Code. The prosecution case, in short, is that the accused persons including the petitioners caused death of the daughter of the informant.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The alleged occurrence is said to have taken place

Patna High Court Cr.Misc. No.53119 of 2018(2) dt.17-09-2018 2/2 after 17 years of marriage. The petitioners are the in-laws of the deceased. They are separate in mess and property from the husband of the deceased. After investigation the police has submitted final form. Cognizance has been taken on the basis of protest-cum-complaint. There is no eye witness to the alleged occurrence nor there is any other substantive evidence to suggest the implication of the petitioners in the present case. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st class, Siwan in connection with Raghunathpur P.S. case No.41 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T