Deomati Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27135 of 2015 Arising Out of PS.Case No. -104 Year- 2015 Thana -MAKHDUMPUR District- JEHANABAD ======================================================

1. Deomati Devi, wife of Ram Naresh Yadav

2. Ranjay Yadav, son of Ram Naresh Yadav

3. Dhananjay Yadav, son of Ram Naresh Yadav All residents of Village-Makarpur, P.S.-Makhdumpur, District-Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioners : Mr. Indradeo Prasad, Advocate For the Opposite Party : Mr. Rajendra Nath Jha(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-12-2015 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Makhdumpur P.S. Case No.104 of 2015 for allegedly having committed the offences under Sections 302 and 201/34 of the Indian Penal Code.

Case diary in the present case was earlier called for, which has since been received.

Learned counsel for the petitioners submits that actually it was a case of electrocution and the informant after having participated in the cremation ceremony filed the present F.I.R. on the basis of some instigation of local villagers. Learned counsel further submits that all through in the case

Patna High Court Cr.Misc. No.27135 of 2015 (3) dt.02-12-2015 2/2 diary it has emerged that, in fact, it was a case of electrocution. Learned counsel for the State after perusal of the case diary has also stated that, in fact, it was a case of electrocution as the deceased had gone to attend the call of nature in the early hours of the morning and since there was high tension wire fallen, her feet got entangled into the same; resulting into electrocution.

Considering the fact that the said fact has emerged in the case diary and that there is no cogent material in the case diary to indicate guilt of the petitioners, let all the three petitioners, above named, 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, 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 the learned Chief Judicial Magistrate, Jehanabad, in connection with Makhdumpur P.S. Case No.104 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T