Shila Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55510 of 2017 Arising Out of PS. Case No.-44 Year-2017 Thana- JEHANABAD RAIL P.S. District- Patna ======================================================

1. Shila Devi wife of Vinod Paswan

2. Vinod Paswan son of Ramu Paswan

3. Jhunjhun Paswan son of Vinod Paswan

4. Sudhanshu Kumar son of Vinod Paswan All the petitioners are resident of village - Nima, Police Station - Dhanarua, District - Patna.

... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Sharma For the Opposite Party/s :

Mr. SRI YOGENDRA KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-01-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Rail P.S. Jehanabad (Tarengna) Case No. 44 of 2017 registered for the offence punishable under Sections 306/34 of the Indian Penal Code.

Allegedly, Khushboo Devi the daughter of the informant got herself and two children killed by train and against the petitioners it is alleged that they used to torture her. Submission is of false implication and that the petitioners are mother-in-law, father-in-law and Dewar of the deceased, they are living separately since long from the deceased and her husband. During investigation the husband of the deceased and other independent witnesses vide paragraphs 47, 48 and 49 have

Patna High Court Cr.Misc. No.55510 of 2017(3) dt.12-01-2018 2/2 stated that the petitioners were living separately and sometimes there was some petty dispute and the petitioners never abetted Khushboo Devi for her death and as such the petitioners deserve sympathetic consideration.

Learned APP submits that other witnesses have supported the allegation.

In the facts and circumstances stated above, considering the statements of husband of the deceased and other two independent witnesses as stated above, the petitioners above named, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order, are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Railway Patna in connection with Rail P.S. Jehanabad (Tarengna) Case No. 44 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T