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Patna High CourtCR. MISC./31736/2017bail granted

Sheo Shankar Prajapati And ANR v. The State Of Bihar

2017-08-21Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31736 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -BADHAILA District- SASARAM (ROHTAS) ======================================================

1. Sheo Shankar Prajapati, son of Late Ramjee Prajapati,

2. Sartima Devi, wife of Sheo Shankar Prajapati, Both residents of VillageKaran, Police Station- Baghaila District- Rohtas at Sasaram. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party : Mr. Sri Arun Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-08-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners apprehend their arrest in connection with Baghaila P.S. Case No. 10 of 2017, registered for the offences punishable under Sections 304-B/34, 201 of the Indian Penal Code.

Sarita Devi, the daughter of the informant was married to Chandan Prajapti six years ago and information was received that the daughter of the informant was killed and then the informant went there and saw the house locked and it is suspected that after killing the daughter of the informant accused persons including the petitioners have made dead body traceless. Submission is of false implication and that the petitioners are old father-in-law and mother-in-law having no concern with the family affairs and with the deceased and her

Patna High Court Cr.Misc. No.31736 of 2017 (3) dt.21-08-2017 2/2 husband, the petitioners are living separately since long. During investigation, it has come that the husband Chandan Prajapati killed his wife and has hidden the dead body, the dead body was latter on recovered from mustered field. The petitioners have no concern with the same and, as such, the petitioners deserve sympathetic consideration.

The learned A.P.P. opposes the prayer of pre-arrest bail, but fairly submits that the petitioners are old father-in-law and mother-in-law.

In the facts and circumstances as stated above, considering the statement of the witnesses namely Baijnath Yadav and Bala Paswan, vide para 9 and 10 of the case diary, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - III, Rohtas at Sasaram, in connection with Baghaila P.S. Case No. 10 of 2017, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T