Harinath Gupta And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39704 of 2017 Arising Out of PS.Case No. -77 Year- 2017 Thana -DURAULI District- SIWAN ======================================================

1. Harinath Gupta, son of Late Banshidhar Gupta.

2. Sheo Kumari Devi, wife of Harinath Gupta.

Both residents of village-Tarwara Parasiya, P.S. Darauli, District Siwan. .... .... Petitioners.

Versus

The State of Bihar .... .... Opposite Party. ====================================================== Appearance :

For the Petitioner/s : Mr. Nityanand For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-08-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Darauli P.S. Case No. 77 of 2017 registered under Sections 323 and 304 B/34 of the Indian Penal Code.

As per the prosecution case, petitioners along with other accused persons are said to have demanded motorcycle as dowry from the deceased and subjected her to cruelty and finally eliminated her by administering poison.

It is submitted by learned counsel for the petitioners that the allegations against the petitioners are not specific rather general and omnibus in nature. As per the F.I.R. itself petitioners have informed the informant about serious ailing of the deceased and taking her to a private hospital. Petitioners, being old persons,

Patna High Court Cr.Misc. No.39704 of 2017 (02) dt.19-08-2017 -2are parents in law of the deceased. The husband of the deceased is also in custody. The impugned order indicates that witnesses in paragraphs-33, 34 &55 of C.D., who happen to be the residents of the P.O. village, have stated that the deceased herself had taken poison and died. Petitioners have been languishing in custody since 12.04.2017.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Darauli P.S. Case No.77 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T