Rajmani Devi @ Surajmani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69061 of 2019 Arising Out of PS. Case No.-96 Year-2019 Thana- PALIGANJ District- Patna ====================================================== Rajmani Devi @ Surajmani Devi, W/o Late Nifikir Paswan, Resident of Village- Lalganj Sehara, P.S.- Paliganj, District- Patna. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Paliganj P.S. Case No.96 of 2019 registered for the offence punishable under Sections 498A, 304B and 201 read with 34 of the Indian Penal Code.

It is contended by the learned counsel for the petitioner that vide order dated 05.02.2020 passed in Cr. Misc. No.54265 of 2019, co-accused Shiwanti Devi, Chandan Paswan @ Chandan Kumar and Srikant Paswan @ Srikant Kumar having identical allegation to that of the petitioner have already been granted pre-arrest bail by a co-ordinate Bench of this Court. It is further contended that as far as the allegation against the petitioner is concerned, there is no material available in the

Patna High Court CR. MISC. No.69061 of 2019(3) dt.05-03-2020 2/2 case diary against her to show her culpability in any manner with the alleged offence. Her name was involved only because she happens to be the mother of the husband of the deceased. Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioner. However, he admits that the case of the petitioner stands on identical footing to that of three other co-accused, who have already been granted pre-arrest bail by a co-ordinate Bench of this Court.

In view of the contentions advanced at the Bar, in the event of arrest or surrender in the court below, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Danapur, Patna in connection with Paliganj P.S. Case No.96 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Sanjeet/- U T