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Patna High CourtCR. MISC./51699/2014bail granted

Lalita Devi And ORS v. The State Of Bihar

2015-05-19Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51699 of 2014 Arising Out of PS.Case No. -73 Year- 2014 Thana -MARWAH District- SARAN ======================================================

1. Lalita Devi wife of Late Sri Bhagwan Singh

2. Ramlaak Singh @ Megha Singh @ Ramlayak Singh Son of Late Sri Bhagwan Singh

3. Kalawati Devi @ Kamlawati Devi wife of Ramlaak Singh @ Megha Singh @ Ramlayak Singh, All Resident of village- Sherpur, P.S.- Marhowrah, District- Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Dikshit, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-05-2015 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners apprehending their arrest in connection with Morhowrah P.S. Case No. 73 of 2014 registered for the offence under Sections 306 and 498A of the Indian Penal Code seek privilege of pre arrest bail. Allegedly, after the death of Ragini Devi, the elder daughter of the informant for which also case was lodged and ultimately the same was compromised, the youngest daughter Ripu Devi @ Rinku Devi married with Manoj Singh, but she was being assaulted by her husband and in-laws and ultimately Ripu Devi @ Rinku Devi and her son and one daughter born from Ragini Devi were burnt and ultimately the three died.

Patna High Court Cr.Misc. No.51699 of 2014 (3) dt.19-05-2015 Submission is of false implication and that the petitioners have got no concern with the family affairs of the deceased and her husband. The husband Manoj Singh is working in private press and ultimately he has tortured his wife telephonically and then his wife committed suicide wherein one son and one daughter were also burnt to death. The petitioners have got no concern and as such they deserve sympathetic consideration to which the learned A.P.P. opposes by submitting that the petitioners are named in the First Information Report.

In the circumstances stated above considering that the Ripu Devi @ Rinku Devi the youngest daughter of the informant committed suicide and as alleged her husband had tortured her telephonically prior to the occurrence and as the petitioners are claiming to live separately and as such the above named petitioners in case of arrest or surrender before the court below within two months from the date of receipt/production of a copy of this order shall be released on bail on execution of bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Morhowrah P.S. Case No. 73 of 2014 with condition as laid down under Section 438(2) Cr.P.C. (Jitendra Mohan Sharma, J) P.K./- U T