Patna High CourtCR. MISC./24390/2015bail granted

Sudarshan Mukhiya And ANR v. The State Of Bihar

2015-07-16Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.24390 of 2015 (2) dt.16-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24390 of 2015 Arising Out of PS.Case No. -159 Year- 2014 Thana -KUCHAIKOTE District- GOPALGANJ ======================================================

1. Sudarshan Mukhiya son of Late Mahal Raut

2. Atwaro Devi @ Awtaro Devi @ Atwari Devi wife of Sudarshan Mukhiya Both Resident of village- Rupan Chap, P.S.- Barauli, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ghulam Rabbani For the Opposite Party/s Mr. Nirmal Kumar Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 16.07.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners being parents-in-law of the deceased are languishing in jail custody since 8.3.2015 in a case registered under sections 304B, 201/34 of the Indian Penal Code. Admittedly, elder sister of the deceased was married with elder son of the petitioners and according to the FIR, she claimed to have seen the alleged occurrence but learned counsel for the petitioners drew my attention towards the impugned order of learned 5th Addl. Sessions Judge as well as para 8 of the petition and submitted that in course of investigation, statement of elder sister of the deceased was recorded at para 15 of the case diary in which she stated that after taking meal condition of the deceased started deteriorating as a result whereof, she died.

Patna High Court Cr.Misc. No.24390 of 2015 (2) dt.16-07-2015 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 the Chief Judicial Magistrate, Gopalganj in Kuchai kote P.S. Case no. 159/2014. shahid (Hemant Kumar Srivastava,J) U T