Shiv Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30076 of 2016 Arising Out of PS.Case No. -91 Year- 2015 Thana -RUDRAPUR District- MADHUBANI ======================================================
1. Shiv Devi Wife of Hari Mohan Jha,
2. Bipin Kumar Jha @ Vivek Kumar Jha, Son of Hari Mohan Jha, resident of Village- Mahail, P.S- Kudrapur, District- Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-08-2016 Heard learned counsel for the petitioners, learned Additional Public Prosecutor for the State and learned counsel, appearing for the informant.
Petitioner No. 1 is mother-in-law whereas; petitioner No. 2 is brother-in-law of the deceased and, are being prosecuted for the offence punishable under Sections-304(B), 201/34 of the Indian Penal Code.
The impugned order of learned Additional Sessions Judge goes to show that dead body of the deceased was recovered from a field on the basis of confessional statement, made by coaccused, Vijay Kumar Jha who accepted before the police that the deceased was killed by him.
Patna High Court Cr.Misc. No.30076 of 2016 (3) dt.12-08-2016 2/2 Learned counsel, appearing for petitioners submits that one co-accused Hari Mohan Jha, who happens to be father-inlaw of the deceased has already been granted privilege of bail by a coordinate bench of this court and the case of these petitioners stands on similar footing.
Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioners named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Rudrapur P.S. Case No. 91 of 2015 corresponding to Sessions Trial No. 177 of 2016 to the satisfaction of learned Additional District & Sessions Judge-V, Madhubani.
(Hemant Kumar Srivastava, J) A.K.V./- U T