Sidheshwar Rai And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19292 of 2016 Arising Out of PS.Case No. -12 Year- 2016 Thana -GARDANIBAGH District- PATNA ======================================================
1. Sidheshwar Rai, son of Damodar Rai
2. Gita Devi, wife of Sidheshwar Rai, Both Residents of MohallaKharanja Road, Manpura, Police Station- Danapur, District- Patna. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Mritunjay Prasad Singh For the Opposite Party/s : Mr. Akbar Ali (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-05-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners are accused in connection with Gardanibagh P.S. Case No. 12 of 2016, registered under Section 302/34 of the Indian Penal Code.
The prosecution case is that marriage of daughter of the informant was performed with Dilip Kumar in the year 2001 and there is one male child namely Sudhir out of their wedlock. In the meantime, Dilip Kumar developed illicit relationship with his aunt (Petitioner No.2) due to that reason, Dilip Kumar used to assault daughter of the informant and used to reside in a hut in side Road No.2, Quarter No. 14 and used to do business of milk, while the daughter of the informant used to reside along with her father-in-law and mother-in-law. The informant come to know before three years that Dilip Kumar performed second marriage. The daughter of the
Patna High Court Cr.Misc. No.19292 of 2016 (3) dt.16-05-2016 2/2 informant was taken by her brother-in-law Upendra Kumar at quarter situated in Gardanibagh. On 15.01.2016 informant come to know that his daughter has been killed by her husband and other in-laws by pressing her neck.
Learned counsel for the petitioners submits that it would appear from the F.I.R. that petitioners are cousin father-in-law and mother-in-law of the deceased and both have falsely been implicated in the present case mere on suspicion that husband of the deceased, namely, Dilip Kumar had illicit relationship with the petitioner no.2, who is wife of petitioner no.1. Further submission is that petitioners are in custody since 16.01.2016.
Having regard to the facts and the circumstances of the case, the petitioners, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri Manoj Kumar No.V, Judicial Magistrate 1st Class, Patna in connection with Gardanibagh P.S. Case No. 12 of 2016.
(Rajendra Kumar Mishra, J) manish/- U T