Fuljhariya Devi And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31120 of 2015 Arising out of PS.Case No. -11 Year- 2014 Thana -PIPRAHI District- SHEOHAR ======================================================

1. Fuljhariya Devi, Wife of Ramadhar Rai @ Ram Awtar Rai.

2. Ram Awtar Rai, Son of Silai Rai.

3. Sunil Rai @ Sunil Kumar, Son of Ramadhar Rai @ Ram Awtar Rai, All r/o village - Chotahi, P.S. Riga, District - Sitamarhi. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Ashok Kumar Jha, Advocate. For the Opposite Party : Mr. Navin Kumar Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-07-2015 The petitioners are apprehending their arrest in connection with Piprahi P.S. Case No. 11 of 2014 for the offences instituted under Sections 341, 323, 325, 328, 307 and 504/34 of the IPC. Subsequently, Section 302 of the I.P.C. was also added. Heard learned counsel for the petitioners and learned counsel for the State.

The prosecution story, in brief, is that on 07.02.2014 at about 6.00 P.M. in the morning on information received by the informant when he went near the Mohanpur Bridge of Bagmati river, he saw a half burnt body of an unknown female aged 25-26 years whose legs were in water and other part of the body was above the water and the said lady was screaming and was unable to speak. He has alleged that none of the villagers present there

Patna High Court Cr.Misc. No.31120 of 2015 (2) dt.31-07-2015 2/2 could identify her and as such she was ultimately sent to Sadar Hospital, Sheohar, for her treatment.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. The petitioners are named in the F.I.R. Their name has come in course of investigation. There is no direct or indirect evidence to suggest the implication of the petitioners in the present case. It is further submitted that it is a case of last seen as is evident from the impugned order.

On behalf of the State it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Piprarhi P.S. Case No. 11 of 2014 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sheohar, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T