Bhatani Devi @ Kamla Devi @ Vatani Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62551 of 2018 Arising Out of PS. Case No.-328 Year-2018 Thana- KANKARBAG District- Patna ====================================================== 1.

Bhatani Devi @ Kamla Devi @ Vatani Devi, W/o Shivshankar Rai, aged about 66 years 2.

Shivshankar Rai S/o Late Ramashray Prasad, aged about 70 years. Both Resident of Mohalla-107, Defence Colony, P.O.-Lohianagar, P.S.- Kankarbagh, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhu Prasun, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-03-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Kankarbagh P.S. Case No. 328 of 2018 registered under Sections 328/ 302/ 201/ 34 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent. They have falsely been implicated in this case due to oblique motive. Further submission is that on perusal of death certificate, it is apparent that the deceased was suffering from cardiac disease since long and on 02.02.2018, due to complication of that disease, he was immediate admitted to Ford Hospital where after treatment, he

Patna High Court CR. MISC. No.62551 of 2018(4) dt.06-03-2019 2/2 died on 06.02.2018. It is also submitted that in the whole case diary, nothing has come against this petitioner. Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Smt. Madhvi Singh, learned Judicial Magistrate, 1st Class, Patna in connection with Kankarbagh P.S. Case No. 328 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Arvind Srivastava, J) Nasimul/- U T