Indu Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46912 of 2015 Arising Out of PS.Case No. -17 Year- 2015 Thana -JALALGARH District- PURNIA ======================================================

1. Indu Devi Wife of Narayan Mandal

2. Narayan Mandal, Son of Late Kameshwar Mandal Both residents of Village - Hansi, P.S. - Jalalgarh, District - Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijendra Kumar Singh For the Opposite Party/s : Mr. Umeshanand Pandit(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 25-02-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Jalalgarh P.S. Case No. 17 of 2015 registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the present case has been lodged by the father of the deceased girl making false and mischievous allegations against the matrimonial family of the deceased. It is further contended that actually the father of the deceased girl had deserted the mother and remarried way back and she had died in her

Patna High Court Cr.Misc. No.46912 of 2015 (4) dt.25-02-2016 P2/3 Naihar. It is further submitted that the maternal uncle had subsequently arranged the marriage of his niece and at the time of the death of the deceased girl, he had come and participated in the funeral proceedings but he too has falsely been implicated in this case. It is further submitted that the father of the deceased girl, out of mischievous intent, has lodged the present case after lapse of a month for which no plausible explanation has been offered in the First Information Report.

Learned counsel for the State after perusal of the case diary submits that the such facts are incorporated in the case diary and it has come on record that the father of the deceased girl was in fact, estranged with the mother of the deceased girl and the marriage had not been performed by the father but the maternal uncle against whom such allegations have also been leveled.

Considering the aforesaid facts and circumstances of the case and the materials available in the case diary, let the petitioner above named, in

Patna High Court Cr.Misc. No.46912 of 2015 (4) dt.25-02-2016 P3/3 the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in connection with Jalalgarh P.S. Case No. 17 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjana Mishra, J) Jagdish/- U T