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Patna High CourtCR. MISC./67020/2022allowed

Nagina Devi v. The State Of Bihar

2023-03-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67020 of 2022 Arising Out of PS. Case No.-261 Year-2022 Thana- DUMRA District- Sitamarhi ====================================================== 1.

NAGINA DEVI W/o Ram Lagan Rai R/o Village- Ajamgadh, P.S.- Dumra, Distt- Sitamarhi.

2.

Ram Lagan Rai Son of Late Ram Sakal Rai R/o Village- Ajamgadh, P.S.- Dumra, Distt- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

The allegation against the petitioners is that they in association with their family members killed the daughter of the informant.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather

Patna High Court CR. MISC. No.67020 of 2022(3) dt.21-03-2023 2/2 general and omnibus in nature. The petitioners are the in-laws of the deceased. He further submits that the husband of the deceased has surrendered before the learned court below today itself. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Dumra P.S. Case No.261 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. However, the learned court below is directed to verify that whether the husband of the deceased has surrendered or not. If the husband of deceased has not surrendered before the court below, then his bail bond shall not be accepted. (Anjani Kumar Sharan, J) shikha/- U T