Ranjana Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73753 of 2019 Arising Out of PS. Case No.-305 Year-2018 Thana- JOGAPATTI District- West Champaran ====================================================== 1.
Ranjana Devi W/o Late Srilal Rathore, R/o village- Dabia Bhawanipur, P.S.- Srinagar Pujaha, District- West Champaran.
2.
Karam Kuar @ Karm Kuar S/o Sri Udho Kuar, R/o village- Dabia Bhawanipur, P.S.- Srinagar Pujaha, District- West Champaran. ... ... Petitioners
Versus
The State of Bihar.
... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mrs. Rashmi Jha, Advocate For the Opposite Party/s :
Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-11-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Petitioners in the present case are seeking anticipatory bail in connection with Jogapatti (Nawalpur) P.S. Case No. 305 of 2018 registered for the offences punishable under Sections 306/34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are quite innocent and have not committed any offence. Learned counsel further submits that the petitioner have falsely been implicated in this case due to political rivalry. Learned A.P.P. for the State has opposed the prayer for bail.
Patna High Court CR. MISC. No.73753 of 2019(3) dt.26-11-2019 2/3 Considering the facts and circumstances of this case, wherein it is the submission of learned counsel for the petitioners that from a bare perusal of the written report leading to present FIR it would appear that informant herself admits that her son had consumed poison on his own and only complaint made against the petitioner no. 1 is that she being wife and being pregnant while living her Maika had refused to accompany her husband (deceased) to her Sasural, and further submission that the allegation against the petitioner no. 2 is that when the son of the informant had gone to her Sasural he being maternal uncle of petitioner no.
1 had told him some unpalatable words and save and except that no material exists against these petitioners to involve them in the present case and mere refusal of petitioner no. 1 to accompany her husband to her Sasural cannot be said to have abated to her husband to commit suicide, let the petitioners above named in the event of their arrest or surrender within a period of four weeks from today be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Jogapatti (Nawalpur) P.S. Case No.
Patna High Court CR. MISC. No.73753 of 2019(3) dt.26-11-2019 3/3 under Section 438 (2) of the Cr.P.C. i.e.
(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;
(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) ved/- U T