Patna High CourtCR. MISC./8342/2018allowed

Asharfi Devi And ANR v. The State Of Bihar

2018-02-17Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.8342 of 2018 (2) dt.17-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8342 of 2018 ======================================================

1. Asharfi Devi, Wife of Mithlesh Prasad @ Karu,

2. Fula Devi, Wife of Devendra Prasad @ Loha Singh, Both resident of Village- Kalyanpur, Police Station- Islampur, District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh, Adv. For the Opposite Party/s : Mr. Sri Ajit Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-02-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Islampur Police Station Case No. 371 of 2017, disclosing offences under Sections 302/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that there is general and omnibus allegation against the petitioners and no specific overt act is attributed to them. The petitioner No.1 and petitioner No.2 happen to be Gotani and mother-in-law of the deceased respectively and they have not played any role in the alleged occurrence. Hence, the petitioners deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.8342 of 2018 (2) dt.17-02-2018 let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, 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 Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Islampur Police Station Case No. 371 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T