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Patna High CourtCR. MISC./55403/2015bail granted

Rekha Devi @ Meena Devi And ORS v. The State Of Bihar

2015-12-15Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55403 of 2015 Arising Out of PS.Case No. -113 Year- 2015 Thana -GAMAHARIYA District- MADHEPURA ======================================================

1. Rekha Devi @ Meena Devi Wife of Shiv Kumar Yadav

2. Shiv Kumar Yadav Son of Luxmi Yadav

3. Maniya Devi Wife of Luxmi Yadav All resident of village - Parwaha, P.S. Gamhariya, District - Madhepura .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s : Mr. Madhuri Lata(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-12-2015 Heard learned counsel for the petitioners and the State.

The petitioners being the brother, brother's wife and mother of the husband of the victim are apprehending their arrest in a case registered for the offences punishable under Sections 302, 328, 201/34 of the Indian Penal Code.

The prosecution case is of killing the daughter of the informant after twenty years of marriage. The husband of the victim has performed second marriage.

It is submitted by the learned counsel for the petitioners that admittedly the informant is not an eye witness to the occurrence. The victim suffers from some ailment for which she was provided medical treatment. The petitioners

Patna High Court Cr.Misc. No.55403 of 2015 (2) dt.15-12-2015 claim to be separate from the husband of the victim. Considering the thrust of accusation against the husband of the victim, who is in custody since 25.08.2015, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Gamhariya P.S. Case No. 113 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T