Shobha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65904 of 2024 Arising Out of PS. Case No.-159 Year-2024 Thana- PARIHAR District- Sitamarhi ====================================================== 1.

Shobha Devi Wife of Anil Thakur Resident of Village- Parihar, Sonapatti, Ward No.- 10, P.S. - Parihar, Distt.- Sitamarhi 2.

Anil Thakur Son of Ram Shrestha Thakur Resident of Village- Parihar, Sonapatti, Ward No.- 10, P.S. - Parihar, Distt.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-09-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioners for the offences alleged under Sections 302/34 of the Indian Penal Code, registered in connection with Parihar P.S. Case No. 159 of 2024.

3. The allegation against the petitioners along with others is of brutally assaulted the wife of the informant leading to her death.

4. The learned counsel for the petitioners has submitted that they have been falsely implicated in this case and have committed no offence. Petitioner no. 1 is the wife of

Patna High Court CR. MISC. No.65904 of 2024(2) dt.23-09-2024 2/2 petitioner no. 2. There is admitted land dispute between the petitioners and his father. He submitted that an Injunction petition was filed by the petitioner no. 2 praying for restraining the defendants from disputed plot and in support of this Annexure-3 has been annexed with this petition. He further submitted that as per postmortem report, the doctor opined that the deceased had died to lungs and heart disease, which does not corroborate the prosecution case. Moreover, petitioners are in custody since 24.05.2024.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case, let the petitioners, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Sitamarhi in connection with Parihar P.S. Case No. 159 of 2024, subject to the condition that the petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the Court. (Nawneet Kumar Pandey, J) Arish/- U T