Shivji Prasad And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37713 of 2015 Arising Out of PS.Case No. -61 Year- 2015 Thana -MAJHAHGARH District- GOPALGANJ ======================================================
1. Shivji Prasad Son of Late Kamaldeo Prasad
2. Bachhi Devi Wife of Shivji Prasad Both Resident of village - Bathuwa Dhay Tola, P.S. Manjhagarh, District - Gopalganj .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. S. M. Nematullah For the Opposite Party/s : Mr. Upendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-11-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners happen to be parents in law of the deceased and are languishing in jail custody since 16.05.2015 in a case registered for the offences punishable under Section 304B/34 of the Indian Penal Code.
According to prosecution case itself, the illegal demand was made after one year of marriage and deceased, at least, spent one year of her marriage happily and peacefully in her matrimonial home. Furthermore, it would appear from perusal of the first information report that informant claimed that deceased was strangulated to death and she was badly beaten but except one
Patna High Court Cr.Misc. No.37713 of 2015 (4) dt.05-11-2015 2/2 bruise under chin, no any other injury was found on her person. Furthermore, I find that doctor could not give the exact cause of death and sent viscera for chemical examination. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners 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 Shri V.K. Singh, Judicial Magistrate, Gopalganj in connection with Manjhagarh P.S. Case No. 61 of 2015.
(Hemant Kumar Srivastava, J) SHAHZAD/- U T