Miniya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85783 of 2023 Arising Out of PS. Case No.-32 Year-2023 Thana- EKCHARI District- Bhagalpur ====================================================== 1.

Miniya Devi Kundan Mandal Resident of Village- Ekchari Diyara P.S.- Ekchari District- Bhagalpur 2.

KHUSHBOO DEVI WIFE OF BIJAY MANDAL Resident of VillageEkchari Diyara P.S.- Ekchari District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar, Adv.

Ms.Pravina Kumari, Adv.

For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 304(B)/34 of the IPC. 3.

The F.I.R. named accused persons including the petitioners are alleged to have murdered the informant's daughter by using electric current.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. Petitioners are the mother-in-law and sister-in-law of the deceased and they were living separately from the deceased

Patna High Court CR. MISC. No.85783 of 2023(2) dt.18-01-2024 2/2 and her husband. There is no specific overt act against the petitioners rather the allegation is general and omnibus in nature. Husband of the deceased is already in judicial custody, which is also mentioned in para-14 of the bail petition. Petitioners have no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since the husband of the deceased is already in custody, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Ekchari P.S. Case No.32 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T