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Patna High CourtCR. MISC./33522/2016bail granted

Kumud Devi @ Kumod Devi And ORS v. The State Of Bihar

2016-09-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33522 of 2016 Arising Out of PS.Case No. -92 Year- 2016 Thana -NAUHATTA District- SAHARSA ======================================================

1. Kumud Devi @ Kumod Devi Wife of Bhageshwar Jha, resident of Village- Mohanpur, P.S.- Nauhatta, District- Saharsa,

2. Bhageshwar Jha, Son of Late Suryanarayan Jha, resident of VillageMohanpur, P.S.- Nauhatta, District- Saharsa,

3. Raju Kumar Jha, son of Bhageshwar Jha, resident of Village- Mohanpur, P.S.- Nauhatta, District- Saharsa, .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Amarnath Jha, Advocate For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-09-2016 Heard both sides.

Petitioners apprehend their arrest in Nauhatta P.S. Case No.92 of 2016 under Sections 302, 201, 34 of the indian Penal Code.

The informant alleged that he married his daughter with Sanjay Jha, son of Bhageshwar Jha about 10 years ago. For last two years, her husband, father-in-law, mother-in-law and brother-in-law were torturing her for fulfillment of demand of Rs.1,00,000/- and a motorcycle and on 1.6.2016, the accused persons burnt his daughter to death.

Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.33522 of 2016 (3) dt.23-09-2016 2/2 petitioners are mother-in-law, father-in-law and brother-in-law of the deceased. The informant and his family members have stated that the deceased had two sons about 8 and 6 years respectively. Deceased had altercation with her husband and the petitioners have no concern with the deceased and her husband. During life time of the deceased who spent 10 years in the house of her husband, the deceased never complained about any ill treatment at the hands of the petitioner. The informant or any relatives of the informant did not make any complaint about the demand of dowry and torture.

Considering the facts aforesaid, petitioners, who are mother-in-law, father-in-law and brother-in-law of the deceased, are directed to be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. III, Saharsa in connection with Nauhatta P.S. Case No.92 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) N.H./- U T