Ranjit Das And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34441 of 2014 Arising Out of PS.Case No. -159 Year- 2013 Thana -KATRA District- MUZAFFARPUR ======================================================

1. Ranjit Das Son of late Surash Das .

2. Ram Chandra Das . Son of Badri Das .

3. Sitaram Das , Son of Badri Das

4. Mina Davi , wife of late Surash Das, all R/o - Village - Shivdaspur , P/S- Katra , District - Muzaffarpur .

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.42080 of 2014 Arising Out of PS.Case No. -159 Year- 2013 Thana -KATRA District- MUZAFFARPUR ======================================================

1. Sanjit Das Son of late Suresh Das R/o - Village - Shivadaspur P.S. - Katra , Distt - Muzaffarpur .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.34441 of 2014) For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Raj Kishor Singh(App) (In Cr.Misc. No.42080 of 2014) For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Ajit Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-04-2015 Both the above stated petitions arise out of Katra P.S.Case No. 159 of 2013 registered under sections 304B/34 of the Indian Penal Code and accordingly, both the above stated petitions are being disposed of by this common order.

Patna High Court Cr.Misc. No.34441 of 2014 (3) dt.03-04-2015 2/3 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner in Cr. Misc. No. 42080 of 2014 is husband of the deceased, whereas petitioner no. 1 Ranjit Das is Bhaisur and petitioner no. 2 is cousin father-in-law of the deceased and petitioner no. 3 is also cousin father-in-law of the deceased and petitioner no. 4 Mina Devi is mother-in-law of the deceased, who are petitioners in Cr. Misc. No. 34441 of 2014. It would appear from perusal of the first information report, that the deceased was married with the petitioner in Cr. Misc. no. 42080 of 2014 five years ago and the aforesaid fact goes to show that the she spent near about five years in her matrimonial home.

No doubt, the dead body of the deceased was recovered from the house of the petitioner and in post mortem examination strangulation was found on the neck of the deceased but prior to her death no accusation regarding torture was made against the petitioners in Cr. Misc. No. 34441 of 2014. Accordingly, above named, petitioners in Cr. Misc. No.34441 of 2014, in the event of their arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of

Patna High Court Cr.Misc. No.34441 of 2014 (3) dt.03-04-2015 3/3 Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in Katra P.S.Case No. 159 of 2013, subject to condition as laid down under Section 438(2) of the Cr.P.C. So far as, petitioner in Cr. Misc. No. 42080 of 2014 is concerned, his prayer for anticipatory bail stands rejected. However, this order shall not cause any prejudice at the time of consideration of regular bail application.

(Hemant Kumar Srivastava, J) Namita/- U T