Kusum Devi And ANR. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2554 of 2016 Arising Out of PS.Case No. -87 Year- 2015 Thana -SANJHAULI District- SASARAM (ROHTAS) ======================================================

1. Kusum Devi W/o- Mohan Choudhary

2. Mohan Choudhary S/o Suchit Choudhary Both R/o Village- Sanjhauli (Udaypur Road), P.S.- Sanjhauli, District- Rohtas .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rajesh Kumar Singh S/o- Surya Dayal Singh, R/o Village- Karma, P.S. + District- Rohtas .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Singh, Adv. For the Opposite Party/s : Mr. Satyavrat Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-01-2016 Heard learned counsels for the petitioner and the State. The petitioners being the parents of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 498A, 302 and 201/34 of the Indian Penal Code.

The accusation is of killing the sister of the informant after 15 years of the marriage when the dead body of the victim was recovered from a pond with injury on the face. It is submitted by learned counsel for the petitioner that there is nothing on record to suggest the complicity of the petitioner in the crime. It is further submitted that though the learned Sessions Judge reiterated the statements recorded in

Patna High Court Cr.Misc. No.2554 of 2016 (2) dt.18-01-2016 2/2 paragraph nos. 9, 11, 44 and 45 of the case diary contain containing the statements of the informant, informant's brother-inlaw (Sarhu), informant's father's sister (Fua) and informant's parental brother (Fufera Bhai) but they are all here-say witnesses and only on suspicion, they have alleged that since the victim has no issue, the petitioners also used to torture the victim. Considering the death of the victim after 15 years of marriage and the thrust of accusation against the husband of the victim who, as per learned counsel for the petitioners, is in custody, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Bikramganj, Rohtas in connection with Sanjhauli P.S. Case No. 87 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T