Kiran Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62639 of 2017 Arising Out of PS.Case No. -191 Year- 2017 Thana -DHURAIYA District- BANKA ======================================================

1. Kiran Devi, W/o Bishnudeo Sah,

2. Khusbu Devi @ Monita Bharti W/o Kailu Sah, Both R/o VillageKushmi, P.S.- Dhoraiya, District- Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Opposite Party/s : Mr. Vinod Shankar Modi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-01-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor of the State.

The petitioners are apprehending their arrest in connection with Dhoraiya P.S.Case No. 191 of 2017 registered for offences punishable under Sections 302/34 of the Indian Penal Code.

The allegation of the informant is that his father was grievously injured by the overt act of the accused persons, numbering nine in all including the petitioners. It is said that quarrel had taken place with regard to the construction of wall over the land of informant's father and on protest made by the father of the informant, all the accused persons assaulted by stones and chips, due to which he sustained injuries and died. Learned counsel for the petitioners submits that the

Patna High Court Cr.Misc. No.62639 of 2017 (2) dt.04-01-2018 2/2 petitioners are innocent and have been falsely implicated in this case. It is further submitted that actually on account of cardio respiratory failure, the father of the informant died. It is further submitted that the husband of the present two lady petitioners are in custody, hence, no prejudice would be caused to the prosecution. It is further submitted that the petitioners have clean antecedent.

Considering the facts and circumstances of the case as well as the fact that the husband of the said two petitioners are in custody, it is directed that the above named petitioners, in the event of their arrest/ surrender within six weeks from today before the concerned trial Court, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- IV, Banka in connection with Dhoraiya P.S.Case No. 191 of 2017, subject to the conditions enumerated under Section 438 (2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) Sudha/- U T