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Patna High CourtCR. MISC./26279/2017bail granted

Brahma Singh And ORS v. The State Of Bihar

2017-09-12Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26279 of 2017 Arising Out of PS.Case No. -238 Year- 2016 Thana -KATEYA District- GOPALGANJ ======================================================

1. Brahma Singh, Son of Late Sharda Singh,

2. Bhim Singh, Son of Brahma Singh,

3. Renu Devi, D/o Brahma Singh, All are Resident of Village- Chhitauni, Police Station- Baghauchghat, District- Deoriya,

4. Shakti Singh, Son of Late Bidya Singh,

5. Bebi Devi, W/o Shakti Singh, Both are of Resident of VillageFazilnagar, Police Station- Patherawa, District- Kushinagar (Uttar Pradesh). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate. For the Opposite Party/s : Mr. Sri Shailendra Kumar -2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-09-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Kateya P.S. Case No. 238 of 2016, registered under Sections 302, 201 and 120(B)/34 of the Indian Penal Code. The allegation of informant, Paras Singh, is that marriage of his son, Guddu Singh, was performed with petitioner no. 3, Renu Devi, daughter of petitioner no. 1. After marriage, petitioner no. 3, Renu Devi, used to quarrel with his son, Guddu Singh and left her matrimonial house without taking permission calling her brother-in-law, petitioner no. 4, after one year. On

18.10.2016, he and Jitendra Singh, cousin of Guddu Singh, forbid to Guddu Singh to go to his 'Sasural' alone, but he went at his 'Sasural' while he did not return. On 19.10.2016, the informant came to know that one dead body was found in the paddy field under the Kateya Police Station then informant went there and saw the dead body of his son. The informant raised suspicion against petitioner no. 3, Renu Devi, and her other 'Maika' people regarding the murder of his son.

Learned counsel for the petitioners submits that, in fact, due to strain relation in between the petitioner no. 3 and her husband, Guddu Singh, petitioner no. 3 used to reside at her 'Maika' and she has no knowledge about the murder of her husband, Guddu Singh, who used to reside at her Sasural and only taking advantage of murder of Guddu Singh, the informant lodged the present case implicating the name of Renu Devi, wife of the deceased, and her other 'Maika' people.

Having regard to the facts and circumstances of the case, 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 six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate,

Gopalganj, in connection with Kateya P.S. Case No. 238 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T