Raj Kumari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2755 of 2024 Arising Out of PS. Case No.-187 Year-2023 Thana- BACHHWARA District- Begusarai ====================================================== 1.
Raj Kumari Devi, Wife Of Bindesheari Sahni, Resident Of Village- Suro Ward No. 13, Ps- Bachhwara, Dist- Begusarai 2.
Priyanka Kumari, Daughter Of Bindeshwari Sahni, Resident Of VillageSuro Ward No. 13, Ps- Bachhwara, Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Randhir Kumar No.1, Advocate For the Opposite Party/s :
Mr. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 31-01-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. In this present case, the petitioners are apprehending their arrest in connection with Bachhwara P.S. Case No. 187 of 2023, registered for the offences under Sections 302, 201 and 120B of the Indian Penal Code.
3. As per prosecution case, the brother of the informant was the husband of petitioner no.2 and it was a love marriage. Allegation against the petitioners is that they along with other co-accused persons, under a conspiracy, murdered the brother of the informant and disposed of the dead body.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.2755 of 2024(2) dt.31-01-2024 2/3 petitioners are ladies and they are innocent and have been falsely implicated in this case. The husband of petitioner no.2 was in the habit of taking liquor and he has been working as a truck driver. For this reason a number of arguments took place between the brother of the informant and petitioner no.2 and after one such argument, the brother of the informant left the house and did not return since then his whereabouts are not known. Learned counsel further submits that no material has come up to show the involvement of the petitioners in the murder of the brother of the informant and whole prosecution story is quite vague. Petitioners and the informant are the residents of same village. There was no occasion for the petitioners to get involved in killing the brother of the informant as both the families have accepted the love marriage of petitioner no.2 with the brother of the informant. Petitioners are having clean antecedent.
5. Learned APP opposes the prayer for anticipatory bail.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the vague nature of allegation against the petitioners and also considering the strong possibility of false implication, let the petitioners above named, in the event of their arrest or surrender
Patna High Court CR. MISC. No.2755 of 2024(2) dt.31-01-2024 3/3 before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai/concerned court in connection with Bachhwara P.S. Case No. 187 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) balmukund/- U T