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Patna High CourtCR. MISC./43473/2015bail granted

Urmila Devi And ORS v. The State Of Bihar

2015-12-07Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43473 of 2015 Arising Out of PS.Case No. -155 Year- 2015 Thana -BUXAR INDUSTRIAL District- BUXAR ======================================================

1. Urmila Devi Wife of Rmashraya Upadhyay

2. Sushila Devi Wife of Krishna Kant Upadhyay @ Jhulan Upadhyay

3. Poonam Devi Wife of Umakant Upadhyay @ Lallu Upadhyay All Resident of Village + P.O.- Upadhyaypur, P.S.- Buxar (Industrial Area), District - Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gopal Swaroop Dubey For the Opposite Party/s : Mr. Lalan Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-12-2015 Heard both sides.

The petitioners, namely, Urmila Devi, Sushila Devi and Poonam Devi, apprehend their arrest in a case under Sections 304(B), 201 and 34 of the Indian Penal Code.

The informant alleged that his sister was married to Santosh Upadhyay @ Bablu Upadhyay on 25.05.2009. His sister got two children but his sister was killed by her husband and other in-laws. It is submitted that the petitioners are mother-in-law and sisters-in-law of the deceased. The marriage was solemnized in the year 2009 and the deceased died in the year 2015 but she was not at all tortured during the six years after her marriage. Unfortunately, the deceased died.

Patna High Court Cr.Misc. No.43473 of 2015 (3) dt.07-12-2015 2/2 Learned counsel for the informant as well as learned A.P.P. opposed the prayer for bail and submitted that the deceased was subjected to different sorts of torture by her husband and other in-laws. The witnesses have also supported the case of the deceased.

Considering the facts aforesaid and the fact that the petitioners are mother-in-law and sisters-in-law of the deceased and no specific allegation is made against them, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged 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 the learned Chief Judicial Magistrate, Buxar in Buxar (Industrial Area) P.S. Case No. 155/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Dilip/- U T