Nirmali Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23169 of 2017 Arising Out of PS.Case No. -7 Year- 2017 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Nirmali Devi, wife of Bhola Paswan
2. Bhola Paswan, son of Nageshwar Paswan, Both resident of VillageHathilwa Bujurg, Police Station- Baruraj, District- Muzaffarpur.
3. Ram Sakhi Devi, wife of Triveni Paswan, resident of Village- Salempur, P.S.- Rajepur, District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-07-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302, 201 and 120B of the Indian Penal Code.
Petitioner No. 1 Nirmali Devi was already arrested during the pendency of this application and is already on bail granted by the learned court below. Hence, her prayer for anticipatory bail is dismissed as infructuous. Allegation against petitioner no. 2 Bhola Paswan and petitioner no. 3 Ram Sakhi Devi is that for land dispute they are
Patna High Court Cr.Misc. No.23169 of 2017 (3) dt.05-07-2017 2/2 suspected to have committed murder of Ajay Paswan. Submission is that Ajay Paswan committed suicide by hanging.
The post-mortem report would reveal that the Doctor has found strangulation which caused asphyxia. Since there is no eye-witness of the occurrence, let the petitioner no. 2 and 3, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari/successor Court in connection with Rajepur Police Station Case No. 07 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.
(Birendra Kumar, J) Kundan/- U T