Urmila Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15066 of 2016 Arising Out of PS.Case No. -171 Year- 2015 Thana -KARAKAT District- SASARAM (ROHTAS) ======================================================
1. Urmila Devi wife of Raj Deo Singh
2. Pramila Kunwar wife of Late Ashok Singh Both resident of VillageMohanpur, P.S.- Karakat, District- Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.18255 of 2016 Arising Out of PS.Case No. -171 Year- 2015 Thana -KARAKAT District- SASARAM (ROHTAS) ======================================================
1. Nagendra Singh Son of Baban Singh
2. Babloo Kumar Alias Babloo Singh son of Late Ashok Singh Both Resident of Village- Mohanpur, P.S.- Karakat, District- Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.15066 of 2016) For the Petitioner/s : Mr. Binod Kumar Singh, Adv. For the Opposite Party/s : Mr. Sangita Sharma (App) (In Cr.Misc. No.18255 of 2016) For the Petitioner/s : Mr. Sumeet Kumar Singh, Adv. For the Opposite Party/s : Mr. Parmeshwar Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-06-2016 Heard learned counsel for the petitioner and Smt. Sangita Sharma learned A.P.P for the State.
The petitioners apprehend their arrest in Karakat P.S. Case No. 171/2015, registered for the offence punishable under
Patna High Court Cr.Misc. No.15066 of 2016 (3) dt.30-06-2016 2/3 Sections 363 of the Indian Penal Code. Later on Sections 302, 201 and 34 of the Indian Penal Code were added.
The petitioners are not named in the F.I.R. During the course of investigation the name of the petitioners figured in the case.
It is submitted that save and except suspicion there is no material against the petitioners, but the entire family members have been made accused in this case. They were engaged in Chhath Puja. The child did not come to the house of the petitioners, but her dead body was recovered from a pond situated behind the house of the petitioners and on mere suspicion entire family members were implicated in this case.
Smt. Sangita Sharma learned A.P.P. has submitted that there is no eye-witness of the occurrence but all the family members of the deceased cast suspicion against the petitioners. Considering the facts aforesaid and the fact that save and except suspicion there is no substantial material against the petitioners, the petitioners above-named, 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
Patna High Court Cr.Misc. No.15066 of 2016 (3) dt.30-06-2016 3/3 each to the satisfaction of the Sub-divisional Judicial Magistrate, Bikramganj in connection with Karakat P.S. Case No. 171/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Jha, J.) Vinita/- U T