Patna High CourtCR. MISC./52564/2016bail granted

Rampari Kuar And ORS v. The State Of Bihar

2016-12-07Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52564 of 2016 Arising Out of PS.Case No. -384 Year- 2015 Thana -MARHAURA District- SARAN ======================================================

1. Rampari Kuar Wife of Late Ramdeo Goswami

2. Bindu Kuar Wife of Late Swaminath Goswami

3. Kamlesh Goshwami @ Kameshwar Goswami

4. Mahesh @ Maheshwar Goswami @ Mahesh Goswami Both are sons of Late Ramdeo Goswami All are residents of Village - Mirzapur, P.S. - Marhowrah, Distt. Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-12-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

The petitioners are relatives of husband of the deceased Guddi Devi. Guddi Devi died in unnatural circumstances within eight years of her marriage. Suspicion is that since Guddi Devi had no issue, the family members finished her. The investigation report was considered at the time of allowing the prayer for bail of the husband of the deceased. Two different cases were there regarding reason for death.

Patna High Court Cr.Misc. No.52564 of 2016 (2) dt.07-12-2016 Submission is that the petitioners were not sent up for trial after investigation. However, the court below has taken cognizance against the petitioners also.

Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Saran Chapra/Successor Court in connection with Marhowrah Police Station Case No. 384 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Birendra Kumar, J.) Kundan/- U