Jagarnath Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12330 of 2017 Arising Out of PS.Case No. -358 Year- 2016 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Jagarnath Singh, Son of Late Jamadar Singh.

2. Basanti Devi, Wife of Jagarnath Singh, Both are Resident of VillageHarchanpur, P.S.- Kahalgaon, District- Bhagalpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-04-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Kahalgaon P.S. Case No. 358 of 2016 for the offence punishable under section 304 (B)/34 of the I.P.C.

Nandi Devi, the daughter of the informant, was married to Ritesh, the son of the petitioners, in June, 2016 and allegedly due to non fulfillment of demand of motorcycle and cash of Rs. 50,000/- she was being assaulted and tortured and ultimately she was killed by poisoning by the petitioners and other in-laws.

Submission is of false implication and that the petitioners are old father-in-law and mother-in-law, the petitioner

Patna High Court Cr.Misc. No.12330 of 2017 (3) dt.27-04-2017 2/2 no.1 was operated and steel rod was fixed in his knee, no one was present at the house and Nandi Devi consumed thymet herself and committed suicide, during investigation in the supervision report vide paragraph-50 as well as the independent witnesses vide paragraphs- 39, 40, 41 and 42 of the case diary have stated regarding innocence of the petitioners and further that Nandi Devi committed suicide by consuming thymet.

The learned A.P.P. after going through the case diary fairly submits that the independent witnesses have not supported the prosecution version.

In the facts and circumstances as stated above, the petitioners, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of. C.J.M. Bhagalpur in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T