Tara Devi And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5363 of 2016 Arising Out of PS.Case No. -523 Year- 2015 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Tara Devi, W/o Rup Narayan Das @ Ravidas

2. Rup Narayan Das @ Ravidas @ Rup Narayan Ravidas S/o Late Masudan Ravidas Both resident of Village- Purav Tola Bholsar, P.S. Rasalpur (Kahalgaon), District- Bhagalpur.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-03-2016 Heard learned counsel, appearing on behalf of the petitioners, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Kahalgaon (Rasalpur) P.S. Case No. 523/2015, disclosing offences under sections 302/34 of the Indian penal Code. Petitioner no.1 is the mother-in-law and petitioner no.2 is the father-in-law of the deceased.

Learned counsel for the petitioners, referring to the First Information Report, submits that implication of these petitioners is based on mere suspicion. He submits that even as per the F.I.R. the allegation is that the husband of the deceased used to beat up the deceased under the influence of alcohol. He submits that there

Patna High Court Cr.Misc. No.5363 of 2016 (2) dt.08-03-2016 is no specific allegation of assault against these petitioners. Learned counsel for the petitioners appears to be right in his submission on the basis of the contents in the First Information Report.

In view of the submissions as above, this application is allowed.

Let the petitioners, abovenamed, in the event of their arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur in Kahalgaon (Rasalpur) P.S.Case No. 523/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C. This is subject to the condition that the petitioners shall present themselves before the police/ court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U