Bhujraj Das And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.979 of 2017 Arising Out of PS.Case No. -45 Year- 2013 Thana -JOGBANI District- ARRARIA ======================================================
1. Bhujraj Das, son of Late Harkhu Das,
2. Asha Devi, wife of Bhujraj Das, Both are residents of Village- Amouna, Police Station- Jogbani, District- Araria.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 08-02-2017 Heard learned counsel for the petitioners and learned A.P.P. for the State The petitioners, who are in custody, seek bail in connection with Jogbani P.S. Case No. 45 of 2013 registered for offence under Sections 376, 307 and 326/34 of the Indian Penal Code.
The allegation against the petitioner no. 1 father in law of the victim is that he raped the sister of the informant and set fire to her body. Later the victim succumbed to injury after few days. It is submitted that lady in her statement recorded in the hospital, mentioned in para 34 of case diary has levelled the allegation of rape only against Bhujraj Das and not against petitioner no. 2.
Having considered the aforesaid facts, the prayer for bail of the petitioner no. 1, Bhujraj Das is rejected.
Patna High Court Cr.Misc. No.979 of 2017 (3) dt.08-02-2017 So far as the petitioner no. 2 is concerned, she is mother in law, there is no specific allegation against her in her statement recorded in para 34 of the case diary. Considering the facts and circumstances of the case, the petitioner no. 2, Asha Devi, named above, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate,1st, Araria in connection with Jogbani P.S. Case No. 45 of 2013. (Arun Kumar, J) S.Sb/- U T