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Patna High CourtCR. MISC./21199/2018bail granted

Suman Devi And ANR v. The State Of Bihar

2018-06-19Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21199 of 2018 Arising Out of PS.Case No. -30 Year- 2017 Thana -NADI P.S. District- PATNA ======================================================

1. Suman Devi, Wife of Dina Thakur,

2. Dina Thakur, Son of Late Ram Sharan Thakur, Both are Resident of Village- Samaspur (Jafarabad), Fatuha, Police Station- Nadi Thana (Fatuha), District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lalan Kumar, Advocate For the Opposite Party/s : Mr. Nityanand Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-06-2018 Heard learned counsel for the petitioners and leaned Additional Public Prosecutor of the State.

The petitioners are apprehending their arrest in connection with Fatuha Nadi P.S.Case No. 30 of 2017, registered for offences punishable under Sections 302/34 of the Indian Penal Code.

The accusation against the petitioners is that the brother of the informant died because the deceased wanted to marry with Puja Kumari, Sister-in-law of his sister, Nishu Kumari but her marriage was settled somewhere else and on account of which, he hanged himself.

Submission of the learned counsel for the petitioners

Patna High Court Cr.Misc. No.21199 of 2018 (3) dt.19-06-2018 2/3 is that there is no any specific allegation against the petitioners and have falsely been implicated in this case with a malafide intention and other accused persons have been granted privilege of bail by other Co-ordinate Benches of this Court vide order dated 06.11.2017 passed in Cr. Misc. No. 49168 of 2017 and vide order dated 15.01.2018 passed in Cr. Misc. No. 1370 of 2018. It is also submitted that the petitioners have no criminal antecedents.

Learned Additional Public Prosecutor opposes the prayer of bail.

Having regard to the facts and circumstances of the case, the prayer for anticipatory bail of petitioners are allowed and they in the event of arrest or surrender before the Court below within a period of six weeks from the date of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- ( Twenty five thousand) each with two sureties of the like amount each in connection with Fatuha Nadi P.S.Case No. 30 of 2017, G.R. No. 1757 of 2017 to the satisfaction of learned Judicial Magistrate, Patna City, subject to the conditions laid down under Section 438 ( 2) Cr.P.C. with other conditions that bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned and petitioners shall

Patna High Court Cr.Misc. No.21199 of 2018 (3) dt.19-06-2018 3/3 cooperate in the investigation and shall be present before police as and when required, otherwise prosecution is at liberty to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) Sudha/- U T