Ayodhi Das And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 33512 of 2014 Arising out of P. S. Case No. - 174 Year - 2013 Thana - KATORIA District - BANKA ======================================================
1. Ayodhi Das, Son of Late Yoni Das
2. Sushila Devi, Wife of Ayodhi Das Both are resident of village - Paprewa, P.S. - Kotoria, District - Banka .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Brij Nandad Prasad, Advocate For the Opposite Party/s : Mr. Shailendra Kumar No. 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 06-02-2015 Heard learned counsel for the petitioners and learned counsel for the State.
This is a petition for grant of anticipatory bail in a case under Sections 304B and 328/34 of the Indian Penal Code.
It is alleged that the murder was committed because the daughter of the informant could not be successful in giving birth of child from the wedlock of her husband. Learned counsel for the petitioners submits that the police after investigation submitted final form against the petitioners though charge-sheet has been filed against the husband of the deceased. However, the trial court took cognizance of the offence and issued process against the
Patna High Court Cr.Misc. No.33512 of 2014 (2) dt.06-02-2015 petitioners also.
Having regard to the fact that the petitioners who happened to be the father-in-law and mother-in-law, they are directed to be released on anticipatory bail in the event of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Katoria P.S. Case No. 174 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr. P. C. Kundan (Gopal Prasad, J.) U T