Patna High CourtCR. MISC./35665/2016bail granted

Panti Devi And ANR v. The State Of Bihar

2016-09-08Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30574 of 2016 Arising Out of PS.Case No. -53 Year- 2016 Thana -MOHANIA District- BHABHUA (KAIMUR) ======================================================

1. Ashok Sah

2. Munna Sah Both sons of Vindhyachal Sah

3. Vindhyachal Sah son of Late Deomuni Sah, All resident of Village Tulsipur, P.S. Mohania, District- Kaimur at Bhabua. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.35665 of 2016 Arising Out of PS.Case No. -53 Year- 2016 Thana -MOHANIA District- BHABHUA (KAIMUR) ======================================================

1. Panti Devi Wife of Vindhyachal Sah

2. Rinku Devi Wife of Ashok Sah, Both resident of Village- Tulsipur, P.S Mohania, District Kaimur at Bhabua.

.... .... Petitioner/s

Versus

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

(In Cr.Misc. No.30574 of 2016) For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s : Mr. Ajay Kumar-1, APP (In Cr.Misc. No.35665 of 2016) For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s : Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-09-2016 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 304(B) and 302/34 of the I.P.C. The prosecution story, in brief, is that the informant's

Patna High Court Cr.Misc. No.30574 of 2016 (4) dt.08-09-2016 2/3 daughter was married with Mantu Sah. After marriage she went to her matrimonial home. After sometime, the accused persons including the petitioners started demanding a golden chain and motorcycle and also assaulting and torturing her and due to nonfulfilment of the same they killed his daughter along with newly born baby.

It has been submitted on behalf of the petitioners that the petitioners Ashok Sah, Munna Sah, Vindhyachal Sah are in custody since 16.6.2016 and the petitioners Panti Devi and Rinku Devi are in custody since 30.6.2016. Charge sheet has been submitted in the present case. The petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are the in-laws of the deceased. They are separate in mess and property from the husband of the deceased. From perusal of paragraphs 50, 51 and 52 of the case diary, it is evident that the deceased had committed suicide. In course of committing suicide her daughter is also said to have died.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioners above named be released on bail on

Patna High Court Cr.Misc. No.30574 of 2016 (4) dt.08-09-2016 3/3 furnishing bail bond of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Mohania P.S. case No.53 of 2016.

(Sudhir Singh, J) Narendra/- U T