Patna High CourtCR. MISC./32624/2013bail granted

Lakshmi Roy And ANR v. The State Of Bihar

2015-04-09The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32624 of 2013 Arising Out of PS.Case No. -127 Year- 2013 Thana -TAJPUR District- SAMASTIPUR ======================================================

1. Lakshmi Roy, Son Of Nirdhan Roy

2. Sita Devi Wife Of Lakshmi Roy Both are resident of Village-Morwa Anandpur, P.S.-Tajpur, DistrictSamastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhay Shankar Singh, Advocate For the Opposite Party/s : Mr. Ajay Kumar 1 (App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 09-04-2015 The petitioners figured as accused in Tajpur P.S. Case No.127 of 2013 registered for the offences punishable under Sections 302, 201 read with 34 of the Indian Penal Code. Apprehending their arrest, the petitioners filed ABP No.938 of 2013 before the Sessions Judge, Samastipur. The same was rejected on 18.07.2013. Hence, this application for grant of anticipatory bail under Section 438 Cr. P.C.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. It is no doubt true that the allegation against the petitioners is referable to Section 302 read with Section 34 of the Indian Penal Code. The fact, however, remains that the deceased is none other than the son of the petitioners, and the

Patna High Court Cr.Misc. No.32624 of 2013 (3) dt.09-04-2015 2/2 complainant is the daughter-in-law. It is stated that the daughterin- law has withdrawn her statement at a later point of time. Hence, the application is allowed. In the event of arrest, the petitioners are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Tajpur P.S. Case No.127 of 2013.

(L. Narasimha Reddy, CJ) Sunil/- U T