Mundrika Singh And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.28085 of 2015 (3) dt.29-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28085 of 2015 Arising Out of PS.Case No. -482 Year- 2014 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Mundrika Singh S/o Late Satya Narayan Singh

2. Sail Devi @ Sabla Devi @ Shaila Devi D/o Mundrika Singh Both are Resident of Village Anjani, Police Station Jehanabad (Korauna) in the District of Jehanabad.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Sunil Kumar For the Opposite Party : Mr. Anand Kishore Chaudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-09-2015 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 302 and 201/34 of the Indian Penal Code. It is alleged by the informant that on 05.11.2014 the informant's son Manoj Kumar had gone to his sasural villageAnjani from his working place at Bokaro and in the same night at 2.00 A.M. the informant was informed about his illness and on this information when the informant and his family members came there to see his ailing son, they came to know that his son Manoj Kumar died and his dead body has been disposed of. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. Petitioner no.1 is

Patna High Court Cr.Misc. No.28085 of 2015 (3) dt.29-09-2015 the father-in-law and petitioner no.2 is the wife of the deceased. They have been made accused due to mistake of fact. The alleged date of occurrence is on 05.11.2014, FIR has been instituted on 07.11.2014 and no explanation for the delay in institution of the case has been made by the prosecution. There is no eye witness to the occurrence merely on suspicion.

On behalf of the State, it has been submitted that the petitioners are named in the FIR.

Considering the aforesaid facts, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of four weeks, 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 learned CJM, Jehanabad in connection with Jehanabad P.S.Case No.482 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sudhir Singh, J) B.Kr./- U T