Patna High CourtCR. MISC./27890/2017allowed

Babita Devi And ANR v. The State Of Bihar

2017-07-21Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.27890 of 2017 (4) dt.21-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27890 of 2017 Arising Out of PS.Case No. -324 Year- 2016 Thana -BIRPUR District- SUPAUL ======================================================

1. Babita Devi Wife of Vinod Bhindawar

2. Shambhu Bhindawar Son of Bisheshwar Bhindawar Both are Resident of Village- Hridaya Nagar, Ward No. 6, P.S. Birpur, District Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Chandra For the Opposite Party/s : Mr. Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-07-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Birpur Police Station Case No. 324 of 2016, disclosing offences under Sections 302, 120(B) and 201 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. In fact, the petitioners have been made accused in this case merely on the ground of suspicion and no any cogent material has come during course of investigation against the petitioners. Nothing incriminating has been recovered from the possession of the

Patna High Court Cr.Misc. No.27890 of 2017 (4) dt.21-07-2017 petitioners. Hence, the petitioners, who are of clean antecedent, deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, 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, Birpur in connection with Birpur Police Station Case No. 324 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T