Patna High CourtCR. MISC./38460/2017bail granted

Rita Devi And ANR v. The State Of Bihar

2017-08-19Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38460 of 2017 Arising Out of PS.Case No. -84 Year- 2017 Thana -TIKAPATTI District- PURNIA ======================================================

1. Rita Devi W/o Upendra Mandal,

2. Umesh Mandal, S/o Late Khorha Mandal, Both resident of VillageBainra Tola, Tikapatti, P.S. Tikapatti, District- Purnea. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Vikram Singh, Advocate For the Opposite Party : Smt. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

19-08-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Petitioners, in the present case, are seeking regular bail in connection with Tikkapatti P.S. Case No. 84 of 2017 registered for the offence punishable under Sections 302, 322/34 of the Indian Penal Code. Learned counsel for the petitioners submits that a bare perusal of the First Information Report (in short the "FIR") would show that there is no eye witness to the occurrence as alleged and the story as made out in the FIR has not been substantiated by the post mortem report inasmuch as no external injury has been found on the body of the deceased.

Learned counsel for the petitioners further

Patna High Court Cr.Misc. No.38460 of 2017 (2) dt.19-08-2017 submits that the petitioner no. 1 is a lady and the entire family has been implicated in the present case on a general and omnibus allegation.

Considering the facts and circumstances of the case particularly the fact that no external injury has been found on the body of the deceased which falsifies the part of story made in the FIR, I am inclined to grant regular bail to the petitioners, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Purnea, in connection with Tikkapatti P.S. Case No. 84/2017, subject to condition as laid down under Section 437(3) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J.) Rajeev/- U T