Satrughan Sah And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36113 of 2015 Arising Out of PS.Case No. -217 Year- 2014 Thana -GARKHA District- SARAN ======================================================

1. Satrughan Sah S/o Late Ashrafi Sah

2. Rita Devi Wife of Satrughan Sah Both resident of village - Hakma, P.S. Garkha, District - Chhapra .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Mr. Yogendra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-11-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioner no. 1 is father-in-law whereas petitioner no. 2 is mother-in-law of the deceased and both the above stated petitioners are in jail custody since 16.04.2015 in a case registered under section 304B/34 of the Indian Penal Code. The present case was lodged on the basis of complaint petition which was filed by the informant on 11.11.2014 for the occurrence which is said to have taken place on 25.09.2014. In the complaint petition it was mentioned that the statement of deceased was recorded at PMCH, Patna on 01.10.2014 and after that she died but no case was instituted on the basis of aforesaid statement

Patna High Court Cr.Misc. No.36113 of 2015 (4) dt.26-11-2015 2/2 of deceased and, thereafter, informant filed the present case. Learned counsel appearing for the petitioners submits that in the statement of deceased recorded on 01.10.2014 the deceased made omnibus allegation against the petitioners and other family members of the petitioners and no specific overt act has been attributed against these petitioners. It is further contended by him that moreover, in course of investigation, at Para- 6 of the case diary, one independent witness claimed that it was husband of the deceased, who set her on fire.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Chapra at Saran in connection with Garkha P.S.Case No. 217 of 2014. (Hemant Kumar Srivastava, J) N.K/- U T