Sanju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.248 of 2023 Arising Out of PS. Case No.-771 Year-2021 Thana- BANKA District- Banka ====================================================== 1.

Sanju Devi W/o Arbind Choudhary Resident Of Village- Kakna, P.S.- Banka District- Banka.

2.

Ramfal Choudhary S/o Late Kishori Choudhary Resident Of Village- Kakna, P.S.- Banka District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-03-2023 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

As per the prosecution case, son of informant aged about 13 years went missing from his house, thereafter, deadbody of the son of informant was found in a well. Informant suspects that petitioners along with others committed the murder of son of informant.

It is submitted that petitioners have been falsely implicated in this case due to previous enmity. Informant is not

Patna High Court CR. MISC. No.248 of 2023(2) dt.24-03-2023 2/2 eye-witness of the occurrence and no cogent material has been collected during course of investigation. In the postmortem report, the doctor has found the cause of death as drowning. As per the inquest report, no injury was found on the person of deceased. Petitioners have also filed a case vide Complaint Case No. 377 of 2021.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No. 771 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T