Dulari Devi And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.38769 of 2016 (2) dt.23-09-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38769 of 2016 Arising Out of PS.Case No. -47 Year- 2016 Thana -MOTIPUR District- MUZAFFARPUR ======================================================
1. Dulari Devi, W/o Chandeshwar Sahni.
2. Jai Govind Sahni, S/o Late Jitu Sahni, Both resident of VillageMorshandi, P.S.- Motipur, District- Muzaffarpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Pandey, Advocate. For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-09-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Motipur P.S. Case No. 47 of 2016 registered under Sections 341, 323, 342, 302 and 201/34 of the Indian Penal Code. The accusation is that due to family dispute sister of informant was killed by her husband and in-laws and thereafter her dead body was kept on the road showing the death in an accident.
Learned counsel for the petitioners submits that, in fact, sister of informant sustained injury in the accident and she was rushed to S.K.M.C.H, Muzaffarpur, where she died in course
Patna High Court Cr.Misc. No.38769 of 2016 (2) dt.23-09-2016 of treatment on 27.02.2016 and the postmortem of dead body was conducted at S.K.M.C.H., Muzaffarpur, regarding which, the information has already been given to the informant but due to ulterior motive the present case has been lodged. Moreover, petitioners are sister-in-law and father-in-law of the deceased. Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M (West), Muzaffarpur, in connection with Motipur P.S. Case No. 47 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T