Smt. Anmola Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42137 of 2017 Arising Out of PS.Case No. -574 Year- 2016 Thana -BIHTA District- PATNA ======================================================
1. Smt. Anmola Devi, aged about 56 Years, W/o Late Shashi Bhushan Singh,
2. Smt. Nishu Singh aged about 32 Years, W/o Shri R.K. Singh, D/o Late Shashi Bhushan Singh, All are R/o Village- Dhupaar Chack, Gonepura, P.O.- Alampur, P.S.- Phulwari Sharif, Patna.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Madan Mohan Prasad, Advocate. For the Opposite Party/s : Mr. Abhay Kumar Roy, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-01-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Bihta P.S. Case No. 0574 of 2016, G.R. No. 2602 of 2016 instituted for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
The informant has alleged in the Fardbeyan that she got information that her husband Mukesh Kumar Singh (since deceased) has been shot at Domaniya Pul, Bihta, by some unknown persons and he was taken to dispensary of Dr. Lalit Mohan Sharma. The informant reached there with her brother and
Patna High Court Cr.Misc. No.42137 of 2017 (4) dt.04-01-2018 2/3 son and learnt that her husband had been taken to Paras Hospital. The informant rushed to the Paras Hospital where she was told by the doctors that her husband died due to bullet injury. It is further alleged that her husband has been killed by her mother-in-law (petitioner No. 1), her Nanad (petitioner No. 2) and her Gotni's brother namely Pintu Singh.
Learned counsel for the petitioners has submitted that petitioners are mother and sister of the deceased. It has further been submitted that the informant is a second wife of the deceased. The deceased was in company of bad elements and had killed his own brother and father namely Shashi Bhushan Singh on account of property dispute. After death of husband of petitioner No. 1 namely, Shashi Bhushan Singh, the petitioner No. 1 had gone to Vishakha Pattanam along with her daughter Nishu Singh (petitioner No. 2) where the husband of petitioner No. 2 is serving as Naval Officer.
In the instant case, the petitioner was granted provisional anticipatory bail by a coordinate Bench of this Court vide order dated 3.10.2017.
Considering the facts and circumstances of the case, the provisional anticipatory bail granted to the petitioner vide order dated 03.10.2017 passed by a coordinate Bench of this
Patna High Court Cr.Misc. No.42137 of 2017 (4) dt.04-01-2018 3/3 Court, in connection with Bihta P.S. Case No. 0574 of 2016, is hereby confirmed The application stands allowed.
The petitioner may continue on the same bail bonds submitted in the court below.
(Sanjay Priya, J) S.Ali/- U T