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Patna High CourtCR. MISC./32842/2014bail granted

Deep Narain Thakur And ORS. v. The State Of Bihar

2015-02-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32842 of 2014 Arising Out of PS.Case No. -519 Year- 2013 Thana -SAUR BAZAR District- SAHARSA ======================================================

1. Deep Narain Thakur, Son of Late Binni Thakur @ Bindeshwari Thakur,

2. Phulo Devi, Wife of Deep Narain Thakur, Both residents of village - Vishunpur, P.S. - Sour Bazar, District - Saharsa.

3. Ramesh Thakur, Son of Kallu Thakur,

4. Neetu Devi, wife of Ramesh Thakur, daughter of Deep Narain Thakur, Both residents of village - Morkahi, Police Station - Ghelarh, District - Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate. For the Opposite Party/s : Mr. Manish Kumar-Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-02-2015 Heard both sides.

The petitioners apprehend their arrest in Sour Bazar (O.P. Baijnathpur) P.S. Case No. 519 of 2013, registered for the offences punishable under Sections 304B and 120B of the Indian Penal Code.

The mother of the deceased alleged that her daughter Guddi Devi was married to Santosh Thakur in the year 2011, but all the accused persons poisoned her to death. Learned counsel for the petitioners submits that the petitioners are father-in-law, mother-in-law, brother-in-law (Nandoshi) and married sister-in-law of the deceased. The date of

Patna High Court Cr.Misc. No.32842 of 2014 (2) dt.04-02-2015 occurrence is 27.01.2012, but the informant filed the complaint petition itself on 23.07.2012 i.e. after six months of the death of her daughter. The informant did not make any sorts of allegation against the petitioners. It is further submitted that the deceased died due to illness.

On consideration of the facts that the petitioners are in-laws of the deceased and the informant did not make any sorts of allegation of demand of dowry and torture, the petitioners, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 the learned Chief Judicial Magistrate, Saharsa in connection with Sour Bazar (O.P. Baijnathpur) P.S. Case No. 519 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T