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Patna High CourtCR. MISC./14260/2016bail granted

Ram Dulari Devi And ANR. v. The State Of Bihar

2016-06-27Mr. Justice Prabhat Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14260 of 2016 Arising Out of PS.Case No. -154 Year- 2015 Thana -KARPI District- JEHANABAD ======================================================

1. Ram Dulari Devi Wife of Sheo Bachan Singh

2. Shiv Bachan Singh Son of Bal Govind Singh Both residents of village - Karpi, P.S. Karpi, District - Arwal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhileshwar Dayal, Adv. For the Opposite Party/s : Mr. P.K. Chourasiya (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-06-2016 Heard both sides.

The petitioners apprehend their arrest in Karpi P.S. Case No. 154/2015, registered for the offence punishable under Sections 304B, 34 of the Indian Penal Code.

The informant alleged that his daughter was married to Dilip Kumar in the year 2014, but thereafter her husband and inlaws began to torture his daughter. Her husband brutally assaulted her with belt and lathi while she was pregnant and consequently after delivering a male child his daughter died on 08.09.2015. Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.14260 of 2016 (3) dt.27-06-2016 2/3 occurrence took place on 20.08.2015. The husband of the deceased brought her to Jehanabad hospital for treatment form where she was brought to P.M.C.H. where deceased gave birth to a male child, but unfortunately, she died.

It is submitted that the informant made all family members accused in this case. Three days before her death, the deceased made her statement on 05.09.2015 in P.M.C.H. and made very specific allegation that her husband assaulted her with belt and stick on 20.08.2015 and consequently bleeding started. Petitioners are mother-in-law and father-in-law of the deceased. They are living separately and have no manner of concern with the family affair of the deceased. No specific allegation is made against father-in-law and mother-in-law. Although, the deceased stated that father-in-law was also torturing but not made any specific allegation against her in-laws.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Arwal in

Patna High Court Cr.Misc. No.14260 of 2016 (3) dt.27-06-2016 3/3 connection with Karpi P.S. Case No. 154/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T