Bimlesh Kumar Bhagat @Bimlesh Bhagat And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.7721 of 2016 (2) dt.18-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7721 of 2016 Arising Out of PS.Case No. -161 Year- 2015 Thana -AWTARNAGAR District- SARAN ======================================================

1. BIMLESH KUMAR BHAGAT @BIMLESH BHAGAT S/o Uday Bhagat

2. Uday Bhagat S/o Lallan Bhagat Both R/o Village- Madupur, P.s Awatar Nagar, District Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar For the Opposite Party/s Smt. Anuradha Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 18.02.2016 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioner no. 1 is husband whereas petitioner no.2 is fatherin-law of the deceased and are languishing in jail custody since 22.12.2015 in a case registered under section 304B/34 of the Indian Penal Code.

It is admitted case of the prosecution that before death, deceased had given birth to a child.

Submission on behalf of the petitioners is that after delivery, some complications arose and after that deceased was taken to Primary Health Centre from where she was taken to Sadar hospital Hajipur but she could not be saved and she died due to excessive bleeding. It is further submitted that post mortem report of the deceased also corroborates the aforesaid contention because doctor

Patna High Court Cr.Misc. No.7721 of 2016 (2) dt.18-02-2016 opined that cause of death of the deceased was excessive post partum hemorrhage which is evident from annexure 4 to the petition. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Saran in Awtar Nagar P.S. Case no. 161/2015. shahid (Hemant Kumar Srivastava,J) U T