Premsheela Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78885 of 2024 Arising Out of PS. Case No.-322 Year-2023 Thana- BAIRIYA District- West Champaran ====================================================== 1.

Premsheela Devi, Wife of Dinesh Sah, Resident of Village- Laukaria Murgahi, Ward No. 2, P.S.- Bairiya, District- West Champaran 2.

Dinesh Sah, Son of Late Sheonandan Sah, Resident of Village- Laukaria Murgahi, Ward No. 2, P.S.- Bairiya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramchandra Sahni, Advocate For the Opposite Party/s :

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-04-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Bairiya P.S. Case No. 322 of 2023 dated 07.11.2023 instituted for the offence punishable under Sections 302, 201 of the Indian Penal Code.

3. Allegation against the petitioners is that they along with co-accused have killed the informant's daughter and her dead body was concealed.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that petitioner nos. 1 is the wife of

Patna High Court CR. MISC. No.78885 of 2024(3) dt.09-04-2025 2/3 petitioner no. 2. The petitioners are not named in the F.I.R. Only on the basis of confessional statement of co-accused, Rajesh Sah, the petitioners have been made accused in this case. It is next submitted that the main allegation is against the co-accused Tuntun Sah, who happens to be the brother of petitioner no. 1 and brotherin-law of petitioner no. 2. There is no specific allegation against the petitioners. There is no cogent materials available in the case diary against the petitioners. Both the petitioners are residing separately from other co-accused persons in their village namely, Laukaria Murgahi. It is further submitted that co-accused, Rajesh Sah, has been granted regular bail by a co-ordinate Bench of this Court vide Criminal Miscellaneous No. 33834 of 2024. Lastly, it has been submitted that petitioners have no criminal antecedents.

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Bairiya P.S. Case No. 322 of 2023, they will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., West Champaran subject to condition as laid down under Section 438(2)

Patna High Court CR. MISC. No.78885 of 2024(3) dt.09-04-2025 3/3 of the Cr.P.C.

(Khatim Reza, J) premchand/- U T