Patna High CourtCR. MISC./39803/2016rejected

Jalsi Devi And ANR v. The State Of Bihar

2016-10-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39803 of 2016 Arising Out of PS.Case No. -154 Year- 2013 Thana -SONO District- JAMUI ======================================================

1. Jalsi Devi, W/o Late Pokhan Singh

2. Hemiya Devi, W/o Late Garbhu Singh Both resident of Village- Itaba (Kali Pahari), Police Station- Sono, District- Jamui. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Raj Kumar, Advocate For the Opposite Party : Mr. Sri Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-10-2016 Heard both sides.

The petitioners apprehend their arrest in Sono P.S.Case No.154 of 2013 under Sections 304(B)/34 of the IPC. The informant alleged that his niece was married to Jaiprakash Singh in the year 2012 but on 02.11.2013 she was killed by her husband, mother-in-law and sister-in-law. Learned counsel for the petitioners submits that the petitioners are mother-in-law and sister-in-law of the deceased. The husband of the deceased has already been granted regular bail vide order passed in Cr.Misc.No.13647 of 2016. During course of investigation, almost all the witnesses have stated that the deceased was very weak as she had given birth to a child. She was

Patna High Court Cr.Misc. No.39803 of 2016 (3) dt.04-10-2016 2/2 taken to hospital for treatment but she died. None of the witnesses during course of investigation supported the versions of the informant.

Learned APP for the State submits that the petitioner has already been declared absconder and an attachment order under Section 83 of the Cr.P.C. has been issued.

Considering the facts that an attachment order has been issued, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, the same is rejected. If the petitioners surrender in the court below, the learned court below shall consider the prayer for regular bail of the petitioners taking into consideration that the petitioners are mother-in-law and sister-inlaw of the deceased and husband of the deceased has already been granted regular bail vide order passed in Cr.Misc.No.13647 of 2016.

(Prabhat Kumar Jha, J) B.Kr./- U T