Surhira Devi @ Sudhira Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62593 of 2019 Arising Out of PS. Case No.-113 Year-2019 Thana- LAKHNAUR District- Madhubani ====================================================== 1.

SURHIRA DEVI @ SUDHIRA DEVI, Wife of Late Sanjeev Ram, Resident of Village - Bela, P.S.- Lakhanaur, District - Madhubani 2.

Shambhu Ram, Son of Jogendra Ram, Resident of Village - Berma, P.S.- Lakhanaur R.S.O.P., District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Jha Raman, Adv.

For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-10-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners, being wife and brother-in-law (sala) of the victim, are languishing in custody since 10.05.2019 in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code.

Accusation is of killing the son of the informant, Rajeev Kumar by hanging.

It is submitted by learned counsel for the petitioners that there is no direct evidence against the petitioners and merely on the basis of suspicion, the present case has been lodged against them. It is further submitted that on conclusion

Patna High Court CR. MISC. No.62593 of 2019(2) dt.25-10-2019 2/2 of investigation, the final form has been submitted under Section 306 of the I.P.C. and a statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP for the State submits that the petitioners are named in the FIR.

Considering the fact that on conclusion of investigation final form has been submitted only under Section 306 of the I.P.C, coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent , let the above named petitioners be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-1, Jhanjharpur, Madhubani, in connection with Lakhnaur P.S. Case No. 113 of 2019. (Dinesh Kumar Singh, J) Ashwini/- U T