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Patna High CourtCR. MISC./29284/2018rejected

Shabnam Devi @ Sabni Devi @ Sobhi Devi @ Shabnab Devi And ORS v. The State Of Bihar

2018-06-28Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29284 of 2018 Arising Out of P.S.Case No. -103 Year- 2017 Thana -HASANGANJ District- KATIHAR ======================================================

1. Shabnam Devi @ Sabni Devi @ Sobhi Devi @ Shabnab Devi, W/o Late Sharwan Parihar,

2. Chandrakala Devi W/o Mangal Parihar,

3. Gholta Parihar @ Ajay Kumar Parihar @ Ghotla Parihar, S/o Mangal Parihar,

4. Mangal Parihar S/o Late Bauki Parihar, All are R/o Barki Ratni, P.S.- Hasanganj, Distt.- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 28-06-2018 Heard learned counsel for the petitioners and the State. The petitioners are in custody in connection with Sessions Trial No.115 of 2018 arising out of Hasanganj P.S.Case No.103 of 2017 pending in the Court of ADJ-III, Katihar registered for an offence under Section 302/34 of the IPC.

The informant of this case is brother of the deceased. It is alleged that on 25th October, 2017 his brother went to Sasural where the wife and his in-laws brutally assaulted and committed murder of his brother. The petitioners before this Court are wife, brother-in-law, father-in-law and mother-in-law of the deceased. In course of investigation a large number of witnesses have

Patna High Court Cr.Misc. No.29284 of 2018 (3) dt.28-06-2018 2/2 supported the allegation of assault by these petitioners. The death occurred in the house of the petitioners. The witnesses have further stated that the petitioner no.1 is wife of deceased and she had illicit relation with her villager. In postmortem report, the doctor has reported about fracture of occipital bone besides two more injuries, one on head and another on left rib of back side. The doctor has reported cause of death due to haemorrhage and shock due to injury in skull caused by hard blunt substance. The learned APP opposed the submission.

Considering the specific allegation of causing death of the deceased, I am not inclined to release the above named petitioners on bail. Prayer for bail of the petitioners is rejected. (Sanjay Kumar, J) B.Kr./- U