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Patna High CourtCR. MISC./6392/2017rejected

Kaushalya Devi @ Parwati Devi And ORS v. The State Of Bihar

2017-05-09Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6392 of 2017 Arising Out of PS.Case No. -56 Year- 2013 Thana -KHAIRA District- JAMUI ======================================================

1. Kaushalya Devi @ Parwati Devi, Wife of Gangu Sah. null

2. Sarita Devi, Wife of Keso Sah, daughter of Gangu Sah. Both are Resident of Village-Markatta, P.S.-Jamui, District-Jamui.

3. Asha Sah @ Ashok Sah, Son of Late Raghunath Sah, Resident of Village-Mahurapur, P.S.-Kauakil, District-Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-05-2017 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Khaira P.S. Case No. 56 of 2013 registered under section 302/201 of the Indian Penal Code and Section 27 of the Arms Act. The learned counsel for the petitioners has submitted that petitioners are not named in the FIR as on the recovery of the dead body on 10.04.2013 in village Dhamdhadiha Bahiyar, Khaira P.S. Case No. 56/203 was instituted under sections 302/201 of the Indian Penal Code and Section 27 of the Arms Act against unknown. Later on, the dead body was identified as husband of

Patna High Court Cr.Misc. No.6392 of 2017 (4) dt.09-05-2017 2/2 the petitioner no.2 who used to reside at his Sasural. The suspicion was raised against the petitioners who are mother-in-law, wife and brother-in-law respective of the deceased, having hand in his murder.

Having considered the facts and circumstances of the case and nature of the allegation, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, prayer for anticipatory bail of the petitioners is rejected. The petitioners may surrender before the court below and make prayer for regular bail which will be considered on its own merit without being prejudiced by the order of this court. (Rajendra Kumar Mishra, J) Ravi/- U T