Sidheshwar Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44502 of 2015 Arising Out of PS.Case No. -151 Year- 2015 Thana -SIMRI District- BUXAR ======================================================

1. Basanti Devi Wife of Sri Sidheshwar Pathak

2. Karishma Kumari D/o Sri Sidheshwar Pathak Both R/o Village Neyazipur (Raghubansh Pathak Ka Dera), P.S. Simri (Ramdas Rai Ka Dera O.P.) in the district of Buxar .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.48128 of 2015 Arising Out of PS.Case No. -151 Year- 2015 Thana -SIMRI District- BUXAR ======================================================

1. Sidheshwar Pathak son of Late Ram Dhayan Pathak Resident of villageNeyazipur (Raghubansh Pathak Ka Dera), P.S.- Simri (Ramdas Rai Ka Dera O.P.), in the district of Buxar .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.44502 of 2015) For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. P.K.Chaurasiya(App) (In Cr.Misc. No.48128 of 2015) For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Sharda Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-01-2016 Both petitions are out of Simri P.S. Case No. 151 of 2015 registered under Sections-304B/498A/34 of the Indian Penal Code and accordingly, both petitions are being heard and disposed of by this common order.

Patna High Court Cr.Misc. No.44502 of 2015 (3) dt.18-01-2016 2/2 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Petitioners happen to be in-laws of the deceased. The husband of the deceased has already been remanded to judicial custody and the investigation against the petitioners has already been completed.

The contention on behalf of the petitioners is that paragraph-42 of the case diary shows that at the time of alleged occurrence, petitioner No. 2 of Cr. Misc. No. 44502 of 2015 was admitted in a private nursing home and petitioner No. 1 of aforesaid Cr. Misc. No. 44502 of 2015 and the petitioner of Cr. Misc. No. 48128 of 2015 were present in the aforesaid clinic to look after the petitioner No.2 of Cr. Misc. No. 44502 of 2015. Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, let the petitioners named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Simri P.S. Case No. 151 of 2015 to the satisfaction of learned Chief Judicial Magistrate, Buxar. (Hemant Kumar Srivastava, J) A.K.V./- U T