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Patna High CourtCR. MISC./38957/2016bail granted

Sudhir Raut @ Sudhir Roy And ANR v. The State Of Bihar

2016-09-20Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38957 of 2016 Arising Out of PS.Case No. -227 Year- 2015 Thana -BODHGAYA District- GAYA ======================================================

1. Sudhir Raut @ Sudhir Roy son of Late Ram Pratap Raut

2. Mala Devi wife of Sudhir Raut @ Sudhir Roy Both petitioner no. 1 and 2 are residents of Village - Chhanch, Police Station - Bodh Gaya, District - Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailesh Kumar For the Opposite Party/s : Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-09-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners happen to be parents-in-law of the deceased and it is admitted case of the prosecution that earlier, the marriage of deceased had taken place with one Sujit Kumar, who was elder son of the petitioners but, unfortunately, the aforesaid Sujit Kumar died in an accident. The informant claims that after the death of the aforesaid Sujit Kumar, the marriage of the deceased was solemnized with Golu Kumar, who happens to be younger brother of deceased Sujit Kumar but petitioners being parents-in-law as well as other co-accused started torturing the deceased due to non fulfillment of illegal demand and, subsequently, they committed

Patna High Court Cr.Misc. No.38957 of 2016 (2) dt.20-09-2016 2/2 the murder of the deceased.

Submission on behalf of the petitioners is that after death of petitioners' son namely, Sujit Kumar, the deceased was under mental depression and she committed suicide. It is further submitted that the marriage of the deceased had never been solemnized with Golu Kumar though proposal in this regard had been given by the informant which was refused by the petitioners. From perusal of the impugned order, it would appear that in course of investigation, the witnesses also denied the solemnization of marriage of deceased with Golu Kumar rather all the aforesaid witnesses stated that deceased committed suicide. Accordingly, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Body Gaya P.S.Case No. 227 of 2015.

(Hemant Kumar Srivastava, J) N.K/- U T