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Patna High CourtCR. MISC./28231/2015bail granted

Sunita Devi @ Suniti Devi v. The State Of Bihar

2015-08-24Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28231 of 2015 Arising Out of PS.Case No. -73 Year- 2001 Thana -PATORI District- SAMASTIPUR ====================================================== Sunita Devi @ Suniti Devi W/o Rambali Chaudhary, resident of Village - Sangrampur, P.S. - Patory, District - Samastipur. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.34960 of 2015 Arising Out of PS.Case No. -73 Year- 2001 Thana -PATORI District- SAMASTIPUR ====================================================== Prem Prakash Choudhary @ Prem Kumar Choudhary son of Ram Bali Choudhary Resident of village Sangrampur, P.S. Patori, District Samastipur, At present resident of Mohalla Kashipur Ward No. 12, P.S. Samastipur (Town) District Samastipur.

.... .... Petitioner

Versus

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

(In Cr.Misc. No.28231 of 2015) For the Petitioner : Mr. Rakesh Singh, Advocate.

For the Opposite Party : Mr. Satyavarta Verma (App) (In Cr.Misc. No.34960 of 2015) For the Petitioner : Mr. Bhavesh Kumar, Advocate.

For the Opposite Party : Mr. Satyendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-08-2015 Heard both sides.

The petitioners seek bail in a case registered for the offences punishable under Sections 304(B) and other Sections of the Indian Penal Code.

The father of the deceased Guria made allegation that his

Patna High Court Cr.Misc. No.28231 of 2015 (3) dt.24-08-2015 2/2 daughter was married in the year 1995 with Amar Chaudhary was killed by her husband and other in-laws on 27.04.2001. The contention of the learned counsel for the petitioners is that the petitioners are mother-in-law and brother-in-law of the deceased. The husband and father-in-law have already been acquitted. The petitioners were absconding and did not appear in the trial, but the petitioners being mother-in-law and brother-in-law of the deceased are in jail for last four months.

Shri N.K. Agrawal, the learned senior counsel appearing on behalf of the informant submitted that the petitioners were absconding for more than ten years.

Considering the facts aforesaid and the fact that the petitioners being mother-in-law and brother-in-law of the deceased have remained in jail for more than four months, although there is no specific allegation against the petitioners and husband and father-in-law have already been acquitted, the petitioners above named are directed to be enlarged 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 the learned Chief Judicial Magistrate, Samastipur in Patory P.S. Case No. 73 of 2001.

(Prabhat Kumar Jha, J.) KKSINHA/- U T