Manoj Harijan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50594 of 2015 Arising out of PS.Case No. -90 Year- 2015 Thana -RAJOUN District- BANKA ====================================================== Manoj Harijan, son of Suresh Harijan, resident of village - Mohanpur, P.S. Rajoun, District - Banka.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.51867 of 2015 Arising out of PS.Case No. -90 Year- 2015 Thana -RAJOUN District- BANKA ====================================================== Rekha Devi, wife of Manoj Harijan, resident of Village- Mohanpur, P.S.- Rajoun, District- Banka.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.50594 of 2015) For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Ashok Kr.Singh, APP (In Cr.Misc. No.51867 of 2015) For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 10-11-2015 Heard the parties.
The petitioners are father-in-law and mother-in-law respectively and are in custody in connection with Rajoun P.S. Case No.90 of 2015 registered for the offences punishable under sections 304(B) and 323/34 of the Indian Penal Code. Learned counsel for the petitioners with reference to the FIR present at Annexure-1 submits that except the sweeping
Patna High Court Cr.Misc. No.50594 of 2015 (2) dt.10-11-2015 allegation regarding demand of dowry accompanied with threat there is no other allegation against these petitioners. He further with reference to the postmortem report submits that the death is due to poisoning and in absence of any external injury on the person of the deceased the petitioners cannot be charged with the alleged offence. He further submits that the very fact that the deceased was subjected to postmortem and the body was not disposed of surreptitiously by these petitioners is another factor for consideration.
Having heard learned counsel for the parties and considering the submissions so advanced let the petitioners in the two applications, namely, Manoj Harijan (in Cr. Misc. No.50594 of 2015) and Rekha Devi (in Cr. Misc. No.51867 of 2015) be released on bail upon each of them furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Rajoun P.S. Case No.90 of 2015.
(Jyoti Saran, J) SKPathak/- U T