Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80695 of 2019 Arising Out of PS. Case No.-134 Year-2018 Thana- KATORIYA District- Banka ====================================================== 1.

REKHA DEVI Wife of Anandi Manjhi Resident of Village-Chhatrapal, P.SBanka, District-Banka. 2.

Sulekha Devi Wife of Ramu Raut @ Renu Manjhi Resident of VillageBhelay, P.S-Banka, District-Banka. 3.

Ramu Raut @ Renu Manjhi Son of Kulo Raut Resident of Village-Bhelay, P.S-Banka, District-Banka.

4.

Santosh Darve @ Santosh Kumar Son of Anu Darve Resident of VillageDarvepatty, Police Station-Katoria, District-Banka. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2020 At the outset, the learned counsel for the petitioners seeks to withdraw the present petition qua the petitioner no. 4, namely, Santosh Darve @ Santosh Kumar who is the husband of the deceased victim lady in order to enable him to surrender before the learned court below and obtain regular bail. Accordingly, the present petition qua the petitioner no. 4 stands dismissed.

Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection

Patna High Court CR. MISC. No.80695 of 2019(2) dt.18-01-2020 2/3 with Katoria P.S. Case No. 134 of 2018 for the offence registered under Sections 328, 304/34 of the Indian Penal Code. The allegation is regarding the wife of the petitioner no. 4 having died in the hospital and it has been alleged that she was administered poison which has resulted in her death. It is further alleged that the other accused persons also used to harass and assault the deceased victim lady.

The learned counsel for the petitioners has submitted that as far as the petitioners no. 1 and 2 are concerned they are the married sister-in-law of the deceased victim lady and the petitioner no. 3 is the brother-in-law of the deceased victim lady and since they are living separately they have got nothing to do with the alleged incident. It is further submitted that the petitioners no. 1 to 3 are having clean antecedents and have deep roots in the society, hence are not likely to either flee away from the investigation or the ensuing trial. Having regard to the facts and circumstances of the case as also taking into account the relationship of the petitioners no. 1 to 3 with the deceased victim lady, I deem it fit and proper to direct for release of the petitioners no. 1 to 3 herein on anticipatory bail.

Accordingly, the petitioners no. 1 to 3, above named,

Patna High Court CR. MISC. No.80695 of 2019(2) dt.18-01-2020 3/3 are directed to be released on anticipatory bail in the event of their arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Banka in connection with Katoria P.S. Case No. 134 of 2018 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T