Phool Kumari Devi And ANR. v. The State Of Bihar

Patna High Court Cr.Misc. No.25541 of 2015 (3) dt.21-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25541 of 2015 Arising Out of PS.Case No. -5 Year- 2015 Thana -KANTI District- MUZAFFARPUR ======================================================

1. Phool Kumari Devi, Wife of Harendra Sah,

2. Harendra Sah, Son of Both the resident of village Chhapra Manorath, Police Station Kanti, District Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Ganesh For the Opposite Party/s : Mr. M.Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-09-2015 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Section 304(B)/34 of the Indian Penal Code. It is alleged by the informant that marriage of his daughter Chanchal Kumari was solemnized with one Chunnu Kumar on 04.07.2014 and he spent Rs. 3 lacs in the marriage but soon thereafter, her husband along with other matrimonial people including these petitioners started putting pressure for brining cash of Rs.1,00,000/- for establishing some business which was informed by her on mobile and ultimately on 03.01.2015 they killed Chanchal Kumari.

It has been submitted on behalf of the petitioners that the petitioner have got no criminal antecedent. Petitioner no.1 is

Patna High Court Cr.Misc. No.25541 of 2015 (3) dt.21-09-2015 mother-in-law and petitioner no.2 is the father-in-law of the deceased. They have been made accused due to mistake of fact. They have got no concern with the husband of the deceased as they are separate in mess and business.

It has been submitted on behalf of the State that the petitioners are named in the FIR.

Considering the aforesaid facts, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, (West), Muzaffarpur in connection with Kanti P.S.Case No.05 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sudhir Singh, J) B.Kr./- U T