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Patna High CourtCR. MISC./30780/2014bail granted

Deo Rani Devi And ORS v. State Of Bihar And ANR

2015-01-22Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30780 of 2014 Arising Out of PS.Case No. -1153 Year- 2013 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ======================================================

1. Deo Rani Devi, W/o Late Bhattu Mahto

2. Poonam Kumari, W/o Ajay Kumar

3. Ajay Mahto, S/o Late Bhattu Mahto All are residents of village- Madaffarpur, P.S.- Noor Sarai, DistrictNalanda At present residing at village- Chandidih, District- Nalanda, Mukesh Dresses, Chandi, Nalanda .... .... Petitioner/s

Versus

1. The State of Bihar

2. Malti Devi, W/o Late Siasaran Prasad, resident of village- Silwadih, P.S.- Silao, District- Nalanda .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Sinha, Adv. For the Opposite Party/s : Mr. Veena Rani Pd., A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-01-2015 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners, apprehending their arrest in connection with Complaint Case No. 1153C of 2013 registered for the offences punishable under Sections 498A, 304B and 120B of the Indian Penal Code, seek the privilege of pre-arrest bail. Allegedly, the petitioners are mother-in-law, Gotini, Bhaishur of the deceased and have been named in the complaint petition, who have killed the daughter of the complainant.

Patna High Court Cr.Misc. No.30780 of 2014 (3) dt.22-01-2015 It is submitted that the allegations are general and omnibus. Earlier on the statements of the brother of the deceased namely Rajesh Kumar, U.D. case No. 5 of 2013 was registered and in that U.D. Case, the enquiry was dropped, finding that the deceased committed suicide herself by hanging. It is also submitted that other co-accused Dr. Gayatri Sinha, Manju Devi, Kiran Devi and Niru Devi have been allowed pre-arrest bail by another Bench of this Court vide Cr. Misc. No. 25875 of 2014 passed on 26.06.2014.

In the facts and circumstances as stated above, the petitioners, in case of their arrest or surrender within two months from the date of receipt/production of the copy of this order, shall 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 the learned Sub Divisional Judicial Magistrate, Hilsa (Nalanda) in connection with Complaint Case No. 1153(c) of 2013, subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Jitendra Mohan Sharma, J.) Vats/- U T