Bishakha Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28080 of 2016 Arising Out of PS.Case No. -9 Year- 2016 Thana -AJAMNAGAR District- KATIHAR ======================================================
1. Bishakha Devi w/o Koma Sharma
2. Koma Sharma S/o Late Khokwa Sharma both resident of VillageKapranda, P.S. Ajamnagar, District- Katihar. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s : Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-09-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners are parents-in-law of the deceased. Initially, the present case was lodged under Section 302/34 of the I.P.C. but after investigation, police submitted charge sheet under Section 304(B)/34 of the I.P.C. The cause of death of the deceased appears to be asphyxia due to hanging. No apparent injury was found on the person of the deceased. However, informant claims that the husband of the deceased had sent Rs.10,000/- through courier but the petitioners quarreled with deceased on the point of taking of the aforesaid money. However, the husband of the deceased was examined at paragraph-20 of the case diary and
Patna High Court Cr.Misc. No.28080 of 2016 (4) dt.26-09-2016 2/2 stated that he had sent Rs.10,000/- to the informant, who happens to be step mother of the deceased and it was informant herself who quarreled with deceased for the aforesaid money as a result whereof deceased committed suicide.
Considering the aforesaid facts and circumstances as well as submissions of the parties, 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 Shri D.K. Rai, J.M. 1st Class, Katihar in connection with Azamnagar P.S. Case No.09 of 2016.
(Hemant Kumar Srivastava, J) N.H./- U T