Leela Devi And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37170 of 2015 Arising Out of PS.Case No. -49 Year- 2015 Thana -BIRAUL District- DARBHANGA ======================================================

1. Leela Devi, wife of Shiva Nandan Yadav

2. Arti Kumari, D/o Shiva Nandan Yadav

3. Shiva Nandan Yadav, Son of Jagdish Yadav All residents of VillageRohar, P.S. Biraul, District- Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sameer Ranjan For the Opposite Party/s : Mr. Ram Naresh Ray (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-11-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners are not named in the first information report which was drawn on 26.02.2015 in respect of missing of deceased, Nitish Kumar aged about seven years. Subsequently, in course of investigation, on 19.03.2015, the investigating officer got information that a decomposed dead body of a boy had been recovered at Village-Bhadaun and thereafter, dead body of a boy was recovered and the aforesaid dead body was identified by the witnesses on the basis of locket and other articles. Subsequently, the family members of the informant expressed suspicion against the petitioners on the ground that prior to the alleged occurrence,

Patna High Court Cr.Misc. No.37170 of 2015 (3) dt.04-11-2015 2/2 an altercation had taken place between petitioner no. 1 and mother of the deceased and furthermore, the deceased had seen the petitioner no. 1 in compromising position prior to the alleged occurrence and thereafter, petitioner no. 1 was arrested and made her confessional statement before the police accepting her guilt as well as involvement of other petitioners.

Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, keeping in mind that except suspicion and confessional statement that is, too, before the police, there is nothing against the petitioners, let the petitioners 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 Sub Divisional Judicial Magistrate, Biraul, Darbhanga in connection with Biraul P.S. Case No. 49 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T