Patna High CourtCR. MISC./10802/2018bail granted

Mamta Devi And ORS v. The State Of Bihar

2018-02-27Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10802 of 2018 ======================================================

1. Mamta Devi, W/o Jitendra Jha,

2. Prince Kumar @ Prince Kumar Jha S/o Jitendra Jha,

3. Brajesh Jha S/o Shri Satyanarayan Ojha, All are R/o Village- Patti Jasauli, P.S.- Kotwa, District- East Champaran. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-02-2018 Petitioners apprehend their arrest in connection with Kotwa P.S.Case No. 202 of 2017 registered under Sections 302, 201 and 34 of the Indian Penal Code.

Allegation against the petitioners is of committing death of sister of the informant.

Submission of learned counsel for the petitioners is that no specific allegation is attributed against the petitioners and as the marriage was solemnized prior to seven years no case was lodged under Section 304B IPC and the husband of deceased has not been made accused in this case, rather brother of deceased has lodged the present case at the instance of husband of deceased against the petitioners as there is land dispute between the parties. Heard learned APP also.

Having heard both sides and in view of facts and

Patna High Court Cr.Misc. No.10802 of 2018 (2) dt.27-02-2018 2/2 circumstances, let the petitioners, above named, in the event of their arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari, in connection with Kotwa P.S.Case No. 202 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that (1) one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and (2) petitioners shall co-operate in investigation and appear before the Investigating Officer as and when required, except on genuine ground, failing which their bail bonds shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U