Chhathiya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62778 of 2019 Arising Out of PS. Case No.-161 Year-2019 Thana- PARSA District- Saran ====================================================== 1.
Chhathiya Devi, Wife of Bisheshwar Rai @ Bisheshwar Prasad Yadav, Resident of Village - Fatehpur Anjani, P.S.- Parsa, District - Saran. 2.
Ved Prakash Yadav @ Vikash Kumar, Son of Bisheshwar Rai @ Bisheshwar Prasad Yadav, Resident of Village - Fatehpur Anjani, P.S.- Parsa, District - Saran.
3.
Kavita Kumari, Daughter of Bisheshwar Rai @ Bisheshwar Prasad Yadav, Resident of Village - Fatehpur Anjani, P.S.- Parsa, District - Saran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Singh For the Opposite Party/s :
Mr. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-11-2019 This is an application for grant of anticipatory bail in connection with Parsa P. S. Case No. 161 of 2019, disclosing offences under Sections 302 and 120B of the Indian Penal Code. As per F.I.R. the son of the informant has gone with one Guddu Kumar and later on Guddu Kumar has informed that son of the informant has gone with petitioner no.3 Kavita Kumari, but they wre apprehended by the accused persons including the petitioners no.1 and 2 and they have confined them, but he anyhow fled away. F.I.R. also disclosed that later on, informant received an information that the dead body has been thrown in the Badhar. Submission of the learned counsel for the petitioners is that as a matter of fact, it is Guddu Kumar who has killed him and in order to save skin, the petitioners have falsely been implicated in this
Patna High Court CR. MISC. No.62778 of 2019(3) dt.20-11-2019 2/2 case. Moreover, petitioners no.1 and 2 are ladies. Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail on the ground that the postmortem report also disclosed the injuries over the person of the deceased. Having heard both sides, in view of the facts, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioners no.1 and 2. They have to surrender and pray for regular bail before the learned court below.
So far as, petitioner no.3 is concerned, in the event of her arrest or surrender before the court below within a period of three weeks from the date of receipt of certified copy of this order, on surrender, she will be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned A.C.J.M.-II, Saran at Chapra, in connection with Parsa P. S. Case No. 161 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
With the aforesaid, this application is disposed of. (Vinod Kumar Sinha, J) Sunil Shukla/- U T