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Patna High CourtCR. MISC./45437/2017allowed

Kiran Devi And ANR v. The State Of Bihar

2017-11-29Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45437 of 2017 Arising Out of PS. Case No.-82 Year-2017 Thana- MANSI District- Khagaria ======================================================

1. Kiran Devi wife of Mukesh Poddar

2. Mukesh Poddar son of Anandi Poddar Both resident of VillageChukti, Police Station- Mansi, District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binay Kumar For the Opposite Party/s :

Mr. SRI MUKESHWAR DAYAL ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 29-11-2017 Heard learned counsels for the petitioners and the State. Petitioners apprehend arrest in connection with Mansi P.S. Case No. 82 of 2017 registered for the offence punishable under sections 328/302/201/34 of the Indian Penal Code. Learned counsel appearing for the petitioners submits that petitioners have been implicated in this case falsely due to malice and personal grudge. Petitioners have no concern with the alleged occurrence. As a matter of fact, the informant, taking advantage of the death of her husband, has filed the present case implicating these petitioners for wrongful gain. Informant is a lady of dubious character and used to quarrel with the deceased and due to their strain relation the deceased committed suicide. Learned counsel appearing for the informant opposes the

Patna High Court Cr.Misc. No.45437 of 2017(4) dt.29-11-2017 2/2 prayer for bail and submits that petitioners are named in the first information report and there is allegation of administering poison against them. The deceased and these petitioners were residing in joint house and there was dispute regarding partition. Considering the facts and circumstances of the case, the submissions advanced on behalf of the parties and the fact that except suspicion there is nothing substantial against these petitioners, let the petitioners, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Mansi P.S. Case No. 82 of 2017 subject to the conditions laid down under section 438(2) Cr.P.C.

(Arvind Srivastava, J) mcv/- U T