Patna High CourtCR. MISC./6592/2017bail granted

Okiya Devi @ Soniya Devi And ORS v. The State Of Bihar

2017-03-16Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6592 of 2017 Arising Out of PS.Case No. -163 Year- 2016 Thana -KURSELA District- KATIHAR ======================================================

1. Okiya Devi @ Soniya Devi, wife of Binod Rajbar.

2. Ful Kumari, daughter of Surendra Rajbar

3. Santosh Rajbhar @ Santosh Kr. Rai, son of Surendra Rajbar

4. Binod Rajbhar, son of Surendra Rajbar.

All Resident of Village- Gumati Tola Jarlahi, P.S. Kursela, District Katihar.

5. Usha Devi, wife of Jagni Rai @ Jogendra Rajbhar, resident of villageBarsauni, P.S. and District Purnia. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s : Mr. Binod Kumar 3, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-03-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Kursela P.S. Case No. 163 of 2016 instituted for the offence under Sections 341, 323, 304(B) and 34 of the Indian Penal Code. It has been submitted on behalf of the petitioners that the husband of the deceased is already in custody. The petitioners are the relatives of the husband of the deceased as mentioned in paragraphs 6 and 7 of the bail petition.

As per the written report, there is general and omnibus allegation against the petitioners.

Patna High Court Cr.Misc. No.6592 of 2017 (4) dt.16-03-2017 2/2 Case diary has been received.

The learned A.P.P. after perusal of the case diary has submitted that from the postmortem examination report available in the case diary, it appears that death of the deceased had occurred on account of asphyxia due to strangulation. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Kursela P.S. Case No. 163 of 2016, they shall be released on anticipatory bail on 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, Katihar, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

(Sanjay Priya, J) S.Ali/- U T