Ajay Ram @ Ajay Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50583 of 2014 Arising Out of PS.Case No. -74 Year- 2012 Thana -GORAUL District- VAISHALI(HAJIPUR) ======================================================
1. Ajay Ram @ Ajay Kumar S/o Shailendra Ram
2. Vinay Ram @ Binay Ram S/o Shilendra Ram
3. Mithilesh Kumar Ravi S/o Harendra Ram
4. Harendra Ram S/o Late Faturi Ram
5. Machia Devi @ Machiya Devi W/o Harendra Ram All resident of village - Rusulpur, Malikpura, P.S. - Goraul, District - Vaishali. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mallika Mazumdar For the Opposite Party/s : Mr. Asha Devi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-05-2015 Heard learned counsel for the petitioners as well as learned counsel for the State.
In this application for anticipatory bail the petitioners apprehend their arrest for the offences punishable under sections 304 (B), 201 and 34 of the I.P.C.
Allegedly, the sister of the informant was married with Mukesh Ram son of petitioner nos. 4 and 5 and thereafter another sister was also married with petitioner no.3, but after one year the in-laws started torturing both the sisters and one was ousted from in-laws house and again several rounds panchayati was done and lastly the petitioners and others burnt Sindhu Devi,
Patna High Court Cr.Misc. No.50583 of 2014 (2) dt.07-05-2015 2/3 sister of the informant to death.
Submission is of false implication and that no such occurrence has taken place and another sister of the deceased Poonam Devi was married with petitioner no.3 and it goes to show that the deceased was leading happy married life. While Sindhu Devi was cooking she got burnt and then she was taken to best hospital at Patna by the petitioners and her husband, but after seven days she succumbed to the injuries. She was treated from 15.03.2012 to 21.03.2012 and all the expenses were borne by the petitioner. The informant and other relative were present in the hospital and on the basis of compromise the dead body was handed over to the petitioners and accordingly she was cremated, but thereafter the informant lodged this case and as such the petitioners who are in-laws deserve sympathetic consideration. Attention has also been drawn towards Annexures- 2 and 3 which are the certificate of Appolo Burns Hospital and compromise petition.
The learned A.P.P. opposes prayer for pre-arrest bail of the petitioners.
In the facts and circumstances as stated above, considering that the petitioners are in-laws and there is no specific allegation against them rather allegations are omnibus and general
Patna High Court Cr.Misc. No.50583 of 2014 (2) dt.07-05-2015 3/3 in nature and as such the petitioners in case of their arrest or surrender within two months from the date of receipt/production of a copy of this order shall 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. C.J.M. Vaishali at Hajipur in Goraul P.S. Case No. 74 of 2012, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) Abhay/- U T