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Patna High CourtCR. MISC./45464/2016bail granted

Puja Kumari And ANR v. The State Of Bihar

2016-12-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45464 of 2016 Arising Out of PS.Case No. -120 Year- 2016 Thana -SHASTRINAGAR District- PATNA ======================================================

1. Puja Kumari, Daughter of Late Rudal Prasad.

2. Deepak Kumar, Son of Late Rudal Prasad, resident of MohallaShivpuri, Police Station- Shastri Nagar, District- Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun For the Informant :

Mr. Kumar Gautam For the Opposite Party/s : Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-12-2016 Heard learned counsel for the petitioners as well as learned A.P.P. for the State.

This application is for grant of anticipatory bail for the offence under Sections 304 and other Sections of the Indian Penal Code.

It has been submitted on behalf of the petitioners that the petitioner no.1 is unmarried sister of the husband of the deceased and the petitioner no.2 is unmarried brother of the husband of the deceased.

It has also been submitted that the allegations are omnibus against the petitioners and there is no specific allegation against them and the husband of the deceased is in custody.

Patna High Court Cr.Misc. No.45464 of 2016 (2) dt.16-12-2016 2/2 Heard learned counsel for the informant also, who has submitted that no doubt the case is omnibus in nature but in the postmortem report, some injuries were found on the person of the deceased.

Having heard both sides and in view of the facts that petitioner no.1 is the unmarried sister of the husband of the deceased and the petitioner no.2 is the unmarried brother of the husband of the deceased and the allegations are omnibus against them, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of JM Ist Class, Patna in connection with Shastri Nagar P.S.Case No.120 of 2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. The petitioners are directed to co-operate with the trial court in the investigation and the trial.

(Vinod Kumar Sinha, J) chn/- U T