Krishna Sao And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4133 of 2016 Arising Out of PS.Case No. -480 Year- 2015 Thana -JAHANABAD District- JEHANABAD ======================================================
1. Krishna Sao, son of late Budhan Sao,
2. Shankar Sao, son of Krishna Sao,
3. Pari Devi, wife of Krishna Sao,
4. Sarita Devi, wife of Shankar Sao, all are resident of village / Mohalla - Panchmahala Aryapath, P.S. Jehanabad, District - Jehanabad. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amit Kumar, Advocate For the Opposite Party/s : Mr. Shakir Ahmad, APP For the informant : Mr. Tarun Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 6/ 08-03-2017 Heard learned counsel for the Petitioners and the State as well as counsel for the informant.
The Petitioners apprehend their arrest in Jehanabad P.S. Case No.480 of 2015 instituted for the offence under Section(s) 304-B Indian Penal Code.
It has been submitted on behalf of the petitioners that the deceased, as per the written report itself, had gone to her Sasural one day prior to the occurrence and information was given to the informant that she fell down from stair and sustained injury in her head.
In the Post Mortem Examination Report, the doctor has not given any opinion with regard to cause of death and preserved various viscera for forensic test.
Patna High Court Cr.Misc. No.4133 of 2016 (6) dt.08-03-2017 2/2 The learned APP has submitted that in the case diary mere suspicion has been raised against the accused persons. The husband has made statement in para 9 that all the brothers are having separate shares in the house and his share is on the top floor and on his halla other family members arrived. The husband has further stated that he was not in the house and when he reached he found his wife hanging from Dupatta in the room. From the written report, it appears that there is general and omnibus allegation against these petitioners, who are father-in-law, mother-in-law and sister-in-law of the deceased. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed.
In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Jehanabad P.S. Case No.480 of 2015, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehabanad, subject to the conditions as laid down under Section 438(2) Cr. P. C.
(Sanjay Priya, J) JA/- U T