Patna High CourtCR. MISC./43463/2016bail granted

Indra Nath Thakur And ANR v. The State Of Bihar

2017-01-16Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43463 of 2016 Arising Out of PS.Case No. -17 Year- 2016 Thana -GHOGHARDIHA District- MADHUBANI ======================================================

1. Indra Nath Thakur, son of Bechan Thakur

2. Indu Devi Wife of Bechan Thakur Both are resident of Village- Hatani, P.S.- Ghoghardiha, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Malay Kumar Choudhary For the Opposite Party/s : Mr. Sri Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-01-2017 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Ghoghardiha Police Station Case No. 717 of 2016 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

Petitioner no. 1 happens to be husband whereas petitioner no. 2 is mother-in-law of the deceased Initially, the case was lodged under sections 302 and 201/34 of the Indian Penal Code but, after investigation, police submitted charge sheet under sections 306, 201 and 120B of the Indian Penal Code. In course of investigation, it came to light that

Patna High Court Cr.Misc. No.43463 of 2016 (3) dt.16-01-2017 2/2 due to petty family feud the deceased committed suicide. Submission on behalf of the petitioners is that charge sheet goes to show that the custodial interrogation of the petitioners does not require.

Accordingly, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Jhanjharpur in Ghoghardiha Police Station Case no. 17 of 2016, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) N.K/- U T