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Patna High CourtCR. MISC./62046/2022allowed

Mina Devi v. The State Of Bihar

2023-02-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62046 of 2022 Arising Out of PS. Case No.-379 Year-2021 Thana- MINAPUR District- Muzaffarpur ====================================================== 1.

Mina Devi Wife Of Jagannath Sah R/V- Muksudpur, P.S- Minapur, DistMuzaffarpur 2.

Jagannath Sah @ Jagranath Sah Son Of Ramdev Sah R/V- Muksudpur, P.SMinapur, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Rakesh, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-02-2023 Learned counsel for the petitioners is permitted to make correction in para-7 of the bail application in course of the day.

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 offence punishable under Sections 304B/34 of the Indian Penal Code.

Petitioners are said to have assaulted committed murder of the sister of the informant by strangulating her. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the petitioners are the mother-in-law and father-in-law of the deceased. He submits that there is no

Patna High Court CR. MISC. No.62046 of 2022(2) dt.23-02-2023 2/2 specific overt act against the petitioners. He submits that the husband of the deceased is already in judicial custody. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Minapur P.S. Case No. 379 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

However, learned court below is directed to accept the bail bond of the petitioners after verifying the fact whether the husband of the deceased is in judicial custody or not. (Anjani Kumar Sharan, J) devendra/- U T