Kajal Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55286 of 2017 Arising Out of PS. Case No.-236 Year-2016 Thana- BELHAR District- Banka ======================================================

1. Kajal Devi , wife of Karu Choudhary

2. Karu Choudhary, son of Late Jhari Choudhary Both are resident of village - Ghogha, P.S. - Belhar, District - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Sanjay Kumar Jha For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 16-11-2017 Heard Sri Sanjay Kumar Jha, learned counsel for the petitioners and learned Additional Public Prosecutor. Two petitioners, who are in custody only since 24.8.2017 have prayed for grant of bail in Belhar P.S. Case No. 236 of 2016 registered for the offence under Section 328 , 302/ 34 of the Indian Penal Code, 1860.

It was submitted by learned counsel for the petitioners that the wife of petitioner no. 2 died due to ailment, but with a view to extract money, a false case was instituted by the mother of the deceased. So far petitioner no. 1 is concerned, he submits that petitioner no. 1 is a lady having small child in her lap and she may be enlarged on bail. However, considering the specific allegation in the F.I.R., which suggests that even after twenty

Patna High Court Cr.Misc. No.55286 of 2017(2) dt.16-11-2017 2/2 five years of marriage with the deceased, petitioner no. 2 had solemnized marriage with petitioner no. 1 and there is allegation in the F.I.R. itself that deceased was tortured, the court is of the opinion that it is not a case for grant of bail. The petition stands dismissed.

(Rakesh Kumar, J) praful/- U T