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Patna High CourtCR. MISC./27345/2017bail granted

Sarhanta Devi @ Sunghana Devi And ANR v. The State Of Bihar

2017-11-09Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27345 of 2017 Arising Out of PS.Case No. -125 Year- 2016 Thana -EKANGARSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Sarhanta Devi @ Sunghana Devi, Wife of Mahendra Yadav,

2. Mahendra Yadav, Son of Late Shivdhari Yadav, Both resident of Village- Ekangardih, Police Station- Ekangarsarai, District- Nalanda. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s : Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-11-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Ekangarsarai P.S. Case no. 125 of 2016, registered under Section 304(B)/34 of the Indian Penal Code.

The accusation is of killing of the daughter of the informant by her husband and other in-laws due to non-fulfillment of demand of dowry.

Learned counsel for the petitioners submits that, in fact, in spite of passing over 7 years of marriage, deceased daughter of the informant had no issue and due to that reasons, she was in frustration and she committed suicide, but with ulterior motive, the informant who is the father of the deceased lodged the present case implicating

Patna High Court Cr.Misc. No.27345 of 2017 (4) dt.09-11-2017 2/2 all family members. Further submission is that in Post-mortem report the cause of death is asphyxia due to hanging. Further submission is that petitioners are mother-in-law and father-in-law of the deceased and Kumar Gaurab, husband of the deceased, is in custody. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M. Hilsa at Nalanda in connection with Ekangarsarai P.S. Case No. 125 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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