Subhawati Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15648 of 2017 Arising Out of PS.Case No. -116 Year- 2016 Thana -KATEYA District- GOPALGANJ ======================================================
1. Subhawati Devi Wife of Chuman Chauhan,
2. Monu Kumar @ Manu Kumar Chauhan, Son of Chuman Chauhan,
3. Sonu Kumar Chauhan, Son of Chuman Chauhan, All Resident of VillageChautarwa, P.S.- Kateya, District- Gopalganj. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Naresh Prasad For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-05-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Kateya P.S. Case No. 116 of 2016 instituted for the offence under Sections341, 323, 302, and 504/34 of the Indian Penal Code. It has been submitted on behalf of the petitioners that they are mother-in-law and Devars of the deceased. There is general and omnibus allegation against the petitioners. It has been submitted by the petitioners that the girl has committed suicide after altercation with the informant for the money sent by her husband. The husband of the deceased has not been made accused in this case.
The C.D. has been received.
Patna High Court Cr.Misc. No.15648 of 2017 (3) dt.12-05-2017 2/3 Learned Additional Public Prosecutor referring the C.D. submitted that there is general and omnibus allegation against the petitioners. There is no postmortem report in the C.d. There is inquest report in paragraph-5 of the C.D. wherein it has been mentioned that sign of rope was found over the neck of the deceased. In paragraph-4 of the C.D. it has come that these petitioners are living separate from husband of the deceased. In such circumstances, prayer for anticipatory bail is allowed it is ordered that the petitioners named above, in the event of their arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount each in connection with Kateya P.S. Case No. 116 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Gopalganj subject to condition as laid down u/S 438(2) of the Cr.P.C.
Patna High Court Cr.Misc. No.15648 of 2017 (3) dt.12-05-2017 3/3 the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) A.K.V./- U T