Patna High CourtCR. MISC./70502/2022allowed

Mala Devi v. The State Of Bihar

2023-01-30Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70261 of 2022 Arising Out of PS. Case No.-143 Year-2020 Thana- MATIHANI District- Begusarai ====================================================== 1.

Nisha Devi Wife Of Chandan Kumar Resident Of Village - Ramdiri, Tola - Ram Nagar, P.S.- Matihani, District - Begusarai. 2.

Chandan Kumar Son Of Rajendra Singh Resident Of Village - Ramdiri, Tola - Ram Nagar, P.S.- Matihani, District - Begusarai. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 70502 of 2022 Arising Out of PS. Case No.-143 Year-2020 Thana- MATIHANI District- Begusarai ====================================================== 1.

Mala Devi Wife Of Rajendra Singh R/O Village- Ramdiri, Tola- Ram Nagar, P.S.- Matihani, District- Begusarai 2.

Rajendra Singh Son Of Late Shadeo Singh R/O Village- Ramdiri, Tola- Ram Nagar, P.S.- Matihani, District- Begusarai ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 70261 of 2022) For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Zainul Abedin (In CRIMINAL MISCELLANEOUS No. 70502 of 2022) For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-01-2023 As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Patna High Court CR. MISC. No.70261 of 2022(2) dt.30-01-2023 2/3 The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 304(b) and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the petitioner Nisha Devi is the sisterin-law and petitioner Chandan Kumar is the brother-in-law of the deceased whereas petitioners in Cr. Misc. No. 70502 of 2022 is the in-laws of the deceased. He submits that the husband of the deceased is already in judicial custody. He submits that there is general and omnibus allegation levelled against the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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

Patna High Court CR. MISC. No.70261 of 2022(2) dt.30-01-2023 3/3 in connection with Matihani P.S. Case No. 143 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T