Chandra Kala Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38470 of 2016 Arising Out of PS.Case No. -167 Year- 2015 Thana -JAYNAGAR District- MADHUBANI ======================================================
1. Chandra Kala Devi wife of Deo Narain Yadav
2. Sikandar Yadav @ Sikendra Kumar Yadav son of Deo Narain Yadav Both are resident of Village- Fulkaha, P.S.-Jai Nagar, District-Madhubani .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-11-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Jainagar P.S. Case No. 167 of 2015.
Petitioner No. 1 happens to be mother-in-law whereas; petitioner No. 2 is brother-in-law of the deceased. The present case was lodged against petitioners and others for the offence punishable under Sections-302, 201/120B of the Indian Penal Code.
The informant expressed his suspicion against petitioners and other accused. Admittedly, the deceased died at the house of petitioners but in course of investigation, some witnesses stated that the deceased was killed by petitioners and others
Patna High Court Cr.Misc. No.38470 of 2016 (3) dt.19-11-2016 2/2 whereas; some witnesses stated that she got electrocuted as a result whereof, she died.
No one has seen actual killing of the deceased and the I.O. has based his opinion only on the circumstances that the deceased died within four walls of house of the petitioners and the dead body was cremated in a haste manner. The investigation against the petitioners has already been completed. Accordingly, this anticipatory bail petition is allowed and it is ordered that petitioners named above, in the event of their arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Jainagar P.S. Case No. 167 of 2015 to the satisfaction of learned Sub Divisional Judicial Magistrate, Madhubani subject to condition as laid down u/S 438(2) of the Code of Criminal Procedure Code.
(Hemant Kumar Srivastava, J) A.K.V./- U T