Som Nath Tiwary And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27028 of 2016 Arising Out of PS.Case No. -96 Year- 2016 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================
1. Som Nath Tiwary, S/o Late Madho Tiwary
2. Reena Devi W/o Somnath Tiwary Both are R/o Village Dighi Chaila Chowk, P.S.- Hajipur Sadar, Distt- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Shankar Das For the Opposite Party/s : Smt. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-09-2016 Heard both sides.
The petitioners apprehend their arrest in Hajipur Sadar P.S. case No. 96 of 2016 under Section 304B, 201/34 of the Indian Penal Code.
The informant alleged that her daughter was married to Digvijay Tiwary in the year 2014 but she got information on 04.03.2016 on her mobile that the accused persons killed her daughter and disposed of her dead body.
The learned counsel for the petitioners submits that petitioners are father-in-law and mother-in-law of the deceased. The petitioners were living separately in their ancestral house situated at village Kasmer near Pahleja Ghat, P. S. Sonepur, Saran and they have no manner of concern with family affairs of the deceased or her husband. The deceased had a child in her lap and
Patna High Court Cr.Misc. No.27028 of 2016 (3) dt.01-09-2016 2/2 she was living with her husband in Mohalla, Dighi, Hajipur. The learned Additional Public Prosecutor, however, opposed the prayer for anticipatory bail.
It appears that the informant and her family members made omnibus and general allegation but the case of the petitioners is that they, being father-in-law and mother-in-law of the deceased, were living separately in their ancestral house and the deceased and her husband were living at Hajipur. Considering the facts aforesaid and the nature of allegations made against the petitioners, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in Hajipur Sadar P.S. Case No. 96 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) BKS/- U T