Kishori Gupta v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50985 of 2015 Arising Out of PS.Case No. -13 Year- 2015 Thana -DEODHA District- MADHUBANI ======================================================
1. Kishori Gupta Son of Late Ram Sewak Gupta resident of village - Pipraun, Police Station - Harlakhi, District - Madhubani .... .... Petitioner/s
Versus
1. The State of Bihar
2. Shib Shankar Gupta @ Shiv Shankar Gupta Son of Late Makhan Gupta
3. Dev Nandan Gupta Son of Shib Shankar Gupta
4. Maheshwari Devi Wife of Shib Shanker Gupta All are residents of village - Deodha, Police Station - Deodha, District - Madhubani .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rana Bhupendra Narayan Singh For the Opposite Party/s : Mr. Ramchandra Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-12-2015 Heard both sides.
The petitioner filed this petition for cancellation of bail granted to opposite party Nos. 2 to 4. Opposite Party Nos. 2 to 4 were granted bail vide order dated 15.09.2015 passed in Cr. Misc. No. 41725 of 2015.
It is submitted that the deceased got one injury on her occipital region. There is allegation that opposite party Nos. 2 to 4 and others have assaulted the deceased on account of such the deceased died but it appears that the bail was granted after considering the fact that opposite party Nos. 2 to 4 are father-inlaw, brother-in-law and mother-in-law of the deceased and there is
Patna High Court Cr.Misc. No.50985 of 2015 (2) dt.16-12-2015 2/2 no specific allegation against them. The deceased died after six years of her marriage. The doctor found the death due to asphyxia and one injury was found on head but no haematoma was found beneath the injury and that injury did not contribute in causing the death.
Considering the fact that opposite party Nos. 2 to 4 are in-laws of the deceased, I do not find any merit in the petition for cancellation of bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) BKS/- U T