Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21617 of 2019 Arising Out of PS. Case No.-90 Year-2018 Thana- JURAWANPUR District- Vaishali ====================================================== 1.

REKHA DEVI W/o Late Amarnath Rai 2.

Laxminiya Devi W/o Jai Narayan Rai 3.

Jai Narayan Rai S/o Yogendra Rai All Resident of Village-Birpur, P.S-Jurawanpur, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar Sinha For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-07-2019 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in Jurawanpur P.S. Case No. 90 of 2018, instituted for the offence under Section(s) 302 and 120B of Indian Penal Code.

It is alleged in the written report that younger brother of the informant namely, Amarnath Rai @ Kaila had gone to his Sasural to bring his wife. The informant got information that he has committed suicide in his Sasural by hanging himself. The informant went there where his nephew Abhishek told him that brother of the informant was killed by this petitioner and other accused persons as named in the written

Patna High Court CR. MISC. No.21617 of 2019(4) dt.04-07-2019 2/3 report. Petitioner No. 1 is said to be wife of the deceased. After death, his dead body was hanged with the fan. Case diary has been received.

The statement of Abhishek Kumar, son of Amarnath Rai (since deceased) is available in paragraph-8 of the case diary wherein he has stated that he had gone to see Mela in the night and when he returned he saw some altercation between his father and mother. His father after taking dinner had gone to sleep. In the morning he saw his father dead hanging with fan.

In this manner, the boy has not alleged any allegation of overt act against the petitioners. In the post mortem report the Doctor has found external injury and death is opined due to Asphyxia following hanging.

Petitioners are in custody since 1.2.2019 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioners for grant of bail is allowed. Let the petitioners above named, 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 learned Additional Chief Judicial Magistrate-8th, Hajipur,

Patna High Court CR. MISC. No.21617 of 2019(4) dt.04-07-2019 3/3 Vaishali, in connection with Jurawanpur P.S. Case No. 90 of 2018, subject to the condition that both the bailors will be close relatives of the petitioners.

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