Amba Kumari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22369 of 2018 Arising Out of PS.Case No. -266 Year- 2016 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Amba Kumari, Daughter of Raghaw Giri,

2. Binda Devi, Wife of Raghaw Giri,

3. Raghaw Giri, Son of Late Hardeo Giri, All residents of VillageGopalpur, P.S.- Gopalpur, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Praveen Prabhakar For the Opposite Party/s : Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-06-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Bettiah Town (Kalibagh O.P.) P.S.Case no.266 of 2016 , registered for offences punishable under Sections 302/34 of the Indian Penal Code.

Petitioners are father-in-law, mother-in-law and unmarried sister-in-law. The case is under Section 302 of the IPC and later on the charge-sheet has been submitted under Section 306 of the IPC against the husband of the deceased.

Submission of the learned counsel for the petitioners is that they hare not residing with the husband or the deceased rather they are residing in the village as such they have no role in killing her. It is also submitted that husband of the deceased has been granted regular bail by a co-ordinate Bench of this Court vide order dated

Patna High Court Cr.Misc. No.22369 of 2018 (3) dt.21-06-2018 2/2 8.2.2018 passed in Cr. Misc. No.56257 of 2017. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., West Champaran at Bettiah in connection with Bettiah Town (Kalibagh OP) P.S.Case no.266 of 2016 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T