Barku Hembrom v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4957 of 2020 Arising Out of PS. Case No.-60 Year-2019 Thana- JAIPUR District- Banka ====================================================== 1.

BARKU HEMBROM Son of Late Bhaddu Hembrom Resident of VillageKurumtanrh, P.S.- Jaipur, Distt- Banka. 2.

Muni Tudu W/o Barku Hembrom Resident of Village- Kurumtanrh, P.S.- Jaipur, Distt- Banka.

3.

Sarita Hembrom W/o Upendra Kisku Resident of Village- Lotona, P.S.- Pathergama, Distt- Godda (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-05-2020 Heard Mr. Brij Nandan Prasad, learned counsel for the petitioners and Mr. Awadhesh Kumar Singh for the State.

The petitioners seek bail in connection with Jaipur P.S. Case No. 60 of 2019 dated 06.09.2019 instituted for the offences under Sections 302, 384 and 34 of the Indian Penal Code.

From the prosecution version, it appears that three persons were found dead in the house viz. the son and daughter-in-law of the petitioners no. 1 and 2 and one of the daughters of petitioners No. 1 and 2.

It has been submitted on behalf of the petitioners that the deceased persons married of their own volition and there was no opposition of such marriage from the parents that is petitioners No. 1 and 2. The informant is not an eye

Patna High Court CR. MISC. No.4957 of 2020(4) dt.29-05-2020 2/2 witness to the occurrence but has only raised a suspicion that since the deceased persons were found in the house, the petitioners may have killed the deceased. The postmortem report does not reveal any cause of death, though viscera has been preserved and opinion from FSL is still awaiting.

Petitioners No. 1 and 3 are in custody since 18.10.2019, whereas petitioner No. 2 is in custody since 07.09.2019.

It has further been submitted that had the petitioners ever intended to kill the daughter of the informant, there could have been possibly no reason for killing their own son and daughter who is the third deceased. The petitioner No. 3 is the married daughter of petitioners No. 1 and 2.

Considering the aforestated facts, nature of accusation against the petitioners and their period of custody, they are directed to be released on bail on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Banka in connection with Jaipur P.S. Case No. 60 of 2019.

(Ashutosh Kumar, J) Krishna/Gaurav U T