Geeta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66450 of 2019 Arising Out of PS. Case No.-135 Year-2019 Thana- LALGANJ District- Vaishali ====================================================== 1.

Geeta Devi, Wife of Late Hari Sah @ Harinandan Sah Resident of VillageSaidanpur, P.S.- Lalganj, District- Vaishali. 2.

Jai Prakash Sah @ Jay Prakash Gupta, Son of Late Hari Sah @ Harinandan Sah Resident of Village- Saidanpur, P.S.- Lalganj, District- Vaishali. 3.

Om Prakash Sah @ Om Prakash Gupta, Son of Ram Nandan Sah Resident of Village- Saidanpur, P.S.- Lalganj, Dist- Vaishali. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Nityanand- Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-06-2020 Heard learned counsel appearing for the petitioners as well as learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioners apprehend their arrest in connection with Lalganj P. S. Case No.135 of 2019 registered for the offences punishable under Sections 304-B, 201/34 of the I.P.C. Petitioner no.1 happens to be mother-in-law whereas petitioner nos.2 and 3 are elder brothers-in-law of sister of the informant. First information report as well as materials available on the case diary reflect that no specific overt act has been attributed against the petitioners. No doubt, the case has been

Patna High Court CR. MISC. No.66450 of 2019(4) dt.17-06-2020 2/2 filed under Section 304-B of the I.P.C., but in absence of any specific materials against the petitioners, only on the basis of presumption, their prayer for anticipatory bail cannot be rejected and, accordingly, it is ordered that petitioners, in the event of their arrest/ surrender within six 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) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Lalganj P. S. Case No.135 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) vikash/- U T