Rina Devi @ Rima Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62699 of 2018 Arising Out of PS. Case No.-348 Year-2017 Thana- BHAWANIPUR District- Purnia ======================================================

1. Rina Devi @ Rima Devi, Wife of Santosh Mandal.

2. Santosh Mandal, Son of Late Dinesh Mandal. Both R/o Akabarpur, P.S.- Bhwanipur (Akbarpur), District- Purnea.

3. Kundan Devi, Wife of Bilash Rai @ Bilash Patel, R/o Gopalpur, P.S.- Udakishunganj, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Advocate :

Mr. Dr. Bidhu Ranjan, Advocate :

Ms. Preety Kunwar, Advocate For the Opposite Party/s :

Mr. Sri Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-11-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners, who are in custody, seek bail in connection with Bhawanipur P.S. Case No. 348 of 2017 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Allegation against petitioners is of killing the daughter of informant.

It has been submitted on behalf of the petitioner that petitioners are innocent and have been falsely implicated in this case only on suspicion. Petitioner No. 1 is the Gotani, petitioner No. 2 is the Bhaisur and petitioner No. 3 is the mother of the

Patna High Court Cr.Misc. No.62699 of 2018(3) dt.05-11-2018 2/2 Gotani of the deceased. Bhaisur (petitioner No. 2) of the deceased was not present in the house at the time of occurrence. It has been further submitted that there was dispute between the deceased and her husband due to that she committed suicide. Petitioners have no criminal antecedent and they are in custody since 28.05.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with Bhawanipur P.S. Case No. 348 of 2017 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) veena/- U T