Manti Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54645 of 2016 Arising Out of PS.Case No. -47 Year- 2016 Thana -LAXMIPUR District- JAMUI ====================================================== 1.Manti Devi wife of Brahmdeo Yadav
2. Renu Devi wife of Upendra Yadav .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Prasad For the Opposite Party/s : Mr. Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-01-2017 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners being women apprehend their arrest in connection with Laxmipur ( Gidhour) P.S Case No. 47 of 2016 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code and, after investigation, police submitted charge sheet under section 304, 201/34 of the Indian Penal Code. Petitioner No. 1 is mother whereas petitioner no. 2 is Bhabhi of the deceased and the informant being wife of the deceased claimed that deceased was killed by co-accused persons due to partition dispute. However, even if the written report of informant is assumed to be true, then also, there is only allegation against these petitioners that they stopped the informant from saving her husband when he was being assaulted by other accused.
Patna High Court Cr.Misc. No.54645 of 2016 (2) dt.09-01-2017 2/2 Learned counsel appearing for the petitioners submits that the deceased died of his natural death and after disposal of his dead body, the informant lodged this false case on account of partition dispute.
Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate,1st class, Jamui in Laxmipur( Gidhour) Police Station Case no. 47 of 2016, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J) N.K/- U T