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Patna High CourtCR. MISC./48643/2016bail granted

Kumkum Devi @ Kamli And ANR v. The State Of Bihar

2016-12-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48643 of 2016 Arising Out of PS.Case No. -86 Year- 2016 Thana -SARAI District- VAISHALI(HAJIPUR) ======================================================

1. Kumkum Devi @ Kamli, Wife of Devendra Rai,

2. Devendra Rai, son of late Shiv Pujan Rai Both Resident of VillageMukundpur, P.S.- Sarai, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Informant :

Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s : Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-12-2016 Heard learned counsel for the petitioners, learned counsel for the State as well as learned counsel for the informant. The petitioners are in custody in connection with Sarai P.S.Case No.86 of 2016 for an offence under Section 304B/34 of the IPC.

It has been argued on behalf of the petitioners that there are omnibus allegations against both the petitioners. It has also been submitted that it is admitted in the FIR that they have been informed about the snake-biting and the deceased was taken to the Ojha, however, later on, the informant came to know that the deceased girl was strangulated. It has further been submitted that the allegation is general and omnibus in nature and there is no

Patna High Court Cr.Misc. No.48643 of 2016 (2) dt.13-12-2016 2/2 specific allegation against the petitioners and the petitioners are in custody since 25.07.2016 and the husband of the deceased is also in custody.

Learned counsel for the informant submits that the cause of death of the deceased is strangulation and it has come in the postmortem report that there is an injury mark on the body of the deceased.

Learned counsel for the A.P.P. also submits that allegations are very serious in nature and the petitioners are father-in-law and mother-in-law of the deceased.

In view of the above facts as well as the fact that husband of the deceased is still in custody, let the above named two petitioners be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of ACJM-XIII, Vaishali at Hajipur in connection with Sarai P.S.Case No.86 of 2016. (Vinod Kumar Sinha, J) chn/- U T