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Patna High CourtCR. MISC./72615/2021bail granted

Kanti Devi v. The State Of Bihar

2022-12-01Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72615 of 2021 Arising Out of PS. Case No.-82 Year-2021 Thana- MALI District- Aurangabad ====================================================== 1.

Kanti Devi W/o Ashok Singh, Resident of Village - Karhari, P.S.- Mali, Distt.- Aurangabad.

2.

Saraswati Devi W/o Chalitar Singh, Resident of Village - Karhari, P.S.- Mali, Distt.- Aurangabad.

3.

Chalitar Singh Son of Late Karmu Singh, Resident of Village - Karhari, P.S.- Mali, Distt.- Aurangabad.

4.

Ashok Singh Son of Chalitar Singh, Resident of Village - Karhari, P.S.- Mali, Distt.- Aurangabad.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek regular bail in connection with Mali P.S. Case No. 82 of 2021, lodged under Sections 302 and 328/34 of the Indian Penal Code.

As per prosecution case, the allegation has been made against three persons along with one Chalitar Singh to kill his wife by giving poison to her. The informant of this case is the

Patna High Court CR. MISC. No.72615 of 2021(4) dt.01-12-2022 2/3 son-in-law, who filed this case against his father-in-law by providing poison to her.

Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. Learned counsel also submits that from the F.I.R., it transpires that the wife of the informant was in contact with deceased till evening, then only on the ground of suspicion, taking names of the present petitioners is not correct and there might be some other persons who have caused this event. Learned counsel further submits that from the F.I.R., it transpires that present case has been filed only and only on the basis of suspicion. Learned counsel also submits that antecedents of the petitioners are clean and they are in custody since 23.09.2021. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Mali P.S. Case No. 82 of 2021, subject to the conditions as laid down under Section 437(3) of

Patna High Court CR. MISC. No.72615 of 2021(4) dt.01-12-2022 3/3 Cr.P.C..

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T