Meera Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32658 of 2018 Arising Out of PS.Case No. -8 Year- 2017 Thana -DARPA District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Meera Devi wife of Late Ashok Rai,

2. Kamodiya Devi wife of Jagdish Rai, Both residents of Village- Narkatiya Bajar, P.S.- Darpa, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 30.12.2017 in connection with Trial No. 2485 of 2018 arising out of Darpa P.S. Case No. 8 of 2017 for the offence registered under Sections 302/34 of the Indian Penal Code.

Diary of the present case was called for which has since been received.

Learned counsel for the petitioners submits that actually the present case is one of suicide and it has come on record in the case diary in the statement

of independent witnesses that actually, since there was a dispute between the petitioner no. 2 and the deceased, the deceased out of frustration committed suicide and the present case under Section 302 of the Indian Penal Code has been filed with malicious intention. It is further submitted that witnesses have categorically stated at paragraph nos. 91 and 92 of the case diary that these petitioners or any family member have no role to play in the aforesaid offence as they had gone out for working.

Learned counsel for the State, after perusal of the case diary, submits that the independent witnesses have categorically stated that these petitioner have nothing to do with the occurrence and entire family members has been roped in only because there was a dispute between the husband and wife and the petitioners have been staying in Maika. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the

like amount each to the satisfaction of Sub divisional Judicial Magistrate, Raxual at Motihari, East Champaran in connection with Darpa P.S. Case No. 8 of 2017.

(Anjana Mishra, J) Jagdish/- U T