Sweety Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71089 of 2023 Arising Out of PS. Case No.-141 Year-2022 Thana- MADANPUR District- Aurangabad ====================================================== 1.
Sweety Kumari D/O Ganauri Sharma @ Ganauri Mistri R/O VillagePadariya, P.S.- Madanpur, District- Aurangabad 2.
Nutan Kumari D/O Ganauri Sharma @ Ganauri Mistri R/O VillagePadariya, P.S.- Madanpur, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Singh For the Opposite Party/s :
Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-11-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Earlier the anticipatory bail application of the petitioners was rejected by this Court vide order dated 28.09.2023 in Cr. Misc No. 36191 of 2022 along with Cr. Misc. No. 38116 of 2022. Now, they have renewed their prayer for anticipatory bail.
3. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.
4. Allegedly, the petitioners along with other coaccused persons have killed the daughter of the informant by
Patna High Court CR. MISC. No.71089 of 2023(2) dt.03-11-2023 2/3 throttling.
5. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that the petitioners are unmarried Nanad of the deceased and also submits that earlier at the time of rejection of the anticipatory bail application this fact was not brought on record to this Court. He also submits that a separation has taken place between the husband of the deceased and the family members in the year, 2018 itself, i.e. Partition Suit No. 10/2018-2019 which was filed and decided in gram kachahari Khiriawa. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
6. Learned APP for the State not opposes prayer for anticipatory bail because the petitioners are unmarried Nanad of the deceased.
7. 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
Patna High Court CR. MISC. No.71089 of 2023(2) dt.03-11-2023 3/3 with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Madanpur P.S. Case No.141 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T