Patna High CourtCR. MISC./51407/2018bail granted

Punna Dubey And ANR v. The State Of Bihar

2018-10-01Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51407 of 2018 Arising Out of PS. Case No.-283 Year-2018 Thana- BHABHUA District- Bhabhua (Kaimur) ======================================================

1. Punna Dubey, S/o Late Ram Chandra Prasad Dubey,

2. Punam Dubey @ Punam Devi W/o Punna Dubey, Both R/o Vill.- Jagdishpur, P.S.- Sonhan , District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar Singh For the Opposite Party/s :

Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 302, 201/34 of the Indian Penal Code. The prosecution case, in short, is that the accused persons including the petitioners killed the daughter of the informant by setting her ablaze on account of land dispute. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been made accused due to mistake of fact. The petitioners are Devar and Gotani of the deceased. They are separate in mess and property from the

Patna High Court Cr.Misc. No.51407 of 2018(3) dt.01-10-2018 2/2 husband of the deceased. There is no eye witness to the alleged occurrence nor there is any other substantive evidence to suggest the implication of the petitioners in the present case. Due to property dispute in the family, the deceased is alleged to have committed suicide. The alleged occurrence is said to have taken place after ten years of marriage.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Kaimur at Bhabua in connection with Bhabua (Sonhan) P.S. case No.283 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T