Ram Dular Mehta And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12886 of 2015 Arising Out of P. S. Case No. -651 Year- 2014 Thana -KRITYANAND NAGAR District- PURNIA ======================================================

1. Ram Dular Mehta S/o Late Ram Pravesh Mehta

2. Manoj Mehta @ Manoj Kumar Mehta S/o Ram Dular Mehta, Both resident of village- Ramna Loha Singh, Rikabganj, P.S.- K. Nagar, Distt.- Purnea .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Mallick, Adv. For the Opposite Party/s : Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 01-06-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The accused-petitioners seek bail in a case registered for the offence punishable under Sections 304 B/ 34 of IPC. Allegation against the accused including the petitioners is to have tortured the deceased by saying 'Kali Kaluthi'.

The deceased died in the way to hospital. Father-inlaw and mother-in-law of the deceased said that she died due to cold. It has been suspected that inmates of the house have strangulated her to death or have poisoned her to death. It is submitted that the deceased was found patient of Schizophrenia and she died due to excess dose of medicine. The

Patna High Court Cr.Misc. No.12886 of 2015 (3) dt.01-06-2015 2/2 post-mortem report shows that the doctor has not found any cause of death and the viscera has been preserved for chemical examination. There is no allegation of demand of dowry. After investigation charge-sheet has already been submitted and there is no chance of tampering with the witnesses.

Considering the facts and circumstances, the above named petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Purnia/court concerned in K. Nagar P. S. Case No. 651 of 2014 after framing of charge with following conditions:-

1. The petitioners will not indulge themselves in similar or any other offence.

2. One of the bailors must be the close relative of the petitioners.

3.

The petitioners will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, their bail bonds would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U T