IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16330 of 2011
1. Harihar Rai, son of Late Sheolal Rai
2. Pano Devi, wife of Harihar Rai
Both resident of village - Kalyanpur, P.S. - Hathauri,
District - Muzaffarpur.
----------- Petitioners.
Versus
The State of Bihar ---Opposite Party
******
03. 19.08.2011 Heard learned counsel for the petitioners
and learned Additional Public Prosecutor for the
State.
The petitioners apprehending their arrest
in connection with Hathauri P.S. Case No. 76/2003
(G.R. No. 2116/2003), pending in the court of Smt.
Reshma Verma, Judicial Magistrate, 1st Class,
Muzaffarpur.
Learned counsel for the petitioners seeks
permission to withdraw this application with respect
to petitioner no. 1, as submitted, he is now dead.
Hence, this application becomes infructuous with
respect to petitioner no. 1 namely, Harihar Rai.
Accordingly, this application stands
disposed of as withdrawn with respect to petitioner
no. 1 namely, Harihar Rai.
So far as petitioner no.2 namely, Pano
Devi, is concerned, she is named accused in this
eight years old case being mother-in-law of deceased
2
sister of the complainant informant.
Submission is that police after
investigation submitted final form much before, but
taking a different view in the year 2009, cognizance
was taken, perhaps, ignoring the application filed by
the informant as early as in the year 2004 stating
that deceased in fact died of snake biting.
Considering the facts and circumstances,
in the event of informant appearing before the court
below supporting the contents of the petition said to
have been filed on his behalf on 27.09.2004
exonerating the petitioner and other accused
persons and also stood as one of the bailors, in the
event of her arrest or surrender within a period of
four weeks, let the above-named petitioner be
enlarged on bail on furnishing bail bond of sum of
Rs. 10,000/- (ten thousand only) with two sureties
of the like amount each to the satisfaction of Smt.
Reshma Verma, Judicial Magistrate, 1st Class,
Muzaffarpur, in connection with Hathauri P.S. Case
No. 76/2003 (G.R. No. 2116/2003), subject to
condition under section 438(2) of the Code of
Criminal Procedure.
Rajeev/ ( Akhilesh Chandra, J.)