Patna High CourtCR. MISC./38573/2016bail granted

Sudamiya Devi And ORS v. The State Of Bihar

2017-01-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38573 of 2016 Arising Out of PS.Case No. -171 Year- 2016 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Sudamiya Devi W/o Bajir Chauhan

2. Viyas Chauhan S/o Bajir Chauhan

3. Sonamati Devi W/o Viyas Chauhan all resident of village - Harhari Bigha, Police Station Noorsarai, District Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-01-2017 Heard the parties.

This application is for grant of anticipatory bail in connection with Noorsarai P.S.Case No.171 of 2016 for the offence under Sections 304(B)/34of the Indian Penal Code. It is submitted on behalf of the petitioners that petitioner no.1 is mother-in-law, petitioner no.2 is 'Bhaisur' and petitioner no.3 is 'Gotani' but there is no specific allegation of torture or demand of anything against them and further even the FIR shows that due to not providing treatment to the deceased, she died, as such there is no allegation against the petitioners of committing murder or due to their torture, she committed suicide.

Patna High Court Cr.Misc. No.38573 of 2016 (5) dt.23-01-2017 2/2 Heard learned A.P.P. also.

Having heard both sides as well as learned counsel for the informant also. They could not point out any fact that either the girl has committed suicide or she has been murdered and they also could not controvert the fact that there is no specific allegation against these petitioners.

In view of the facts stated above, let the petitioner, above named, in the event of 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 S.D.J.M., Nalanda at Biharsharif in connection with Noorsarai P.S.Case No.171 of 2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure with a condition that they will co-operate in the investigation of the case. (Vinod Kumar Sinha, J) chn/- U