Patna High CourtCR. MISC./2796/2016bail granted

Ful Kumari Devi And ANR. v. The State Of Bihar

2016-02-16Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.2796 of 2016 (3) dt.16-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2796 of 2016 Arising Out of PS.Case No. -454 Year- 2015 Thana -BARH District- PATNA ======================================================

1. Ful Kumari Devi W/o Late Bilash Chaudhary

2. Dhananjay Chaudhary S/o Late Bilash Chaudhary Both Resident of Village- Mahgupur, P.S.- Noor Sarai, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gajanan Mishra For the Opposite Party/s : Mr. Parmeshwar Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-02-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. The accusation against petitioners is that the daughter of petitioner No. 2 was suffering from cancer but in spite of providing treatment to her, petitioners threw her alive in river Ganga as a result of which, she died.

Contention on behalf of the petitioners is that the daughter of petitioner No. 2 died of cancer and when petitioners took her body to dispose of in river Ganga, the informant and some others restrained the petitioners from cremating the dead body in river Ganga and, thereafter, a hot exchange of words took place and the informant lodged this case with concocted story.

Patna High Court Cr.Misc. No.2796 of 2016 (3) dt.16-02-2016 Learned counsel for the petitioners drew my attention towards Annexure-3 series and submits that not only Mukhiya but several other persons also stated that the daughter of petitioner No. 2 died of cancer.

The investigation of the case has already been completed and admittedly, the dead body of daughter of petitioner No. 2 was not recovered.

Therefore, considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioners named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Barh P.S. Case No. 454 of 2015 to the satisfaction of learned Additional Chief Judicial Magistrate, Barh, Patna.

(Hemant Kumar Srivastava, J) A.K.V./- U Ts