GEETA DEVI v. THE STATE OF BIHAR.. .. Opp.Party

Heard Mr. Shakil Ahmad Khan, learned senior counsel appearing on behalf of the petitioners as also Mr. Ram Priya Sharan Singh, learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Dhanarua P.S.Case No.142 of 2009 dated 27-05-2009, registered under Section 302/34/120B of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that petitioner no.1 is a lady of advanced age and petitioners no.2 and 3 are her sons. It is further submitted that even according to the prosecution case merely suspicion and surmises have been raised against the petitioners for commission of the crime in question. Admittedly, the informant is not an eye witness of the alleged occurrence and there is no legal material to connect the petitioners with the crime in question, save and except petitioner no.1 was having intimate relationship with the deceased some time earlier and she had taken some amount by way of loan for the purpose of marriage of her daughter. Learned counsel appearing on behalf of the State, though has opposed the prayer for anticipatory bail made on 2 behalf of the petitioners, but has fairly conceded that the prosecution case is merely based on suspicion and surmises. In the aforesaid background, the event of arrest/surrender within a period of four weeks from today in the above noted case, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)