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Patna High CourtCR. MISC./29734/2014bail granted

Ramjas Devi And ANR. v. The State Of Bihar

2015-01-27Mr. Justice Jitendra Mohan Sharma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28726 of 2014 Arising Out of PS.Case No. -9 Year- 2013 Thana -AURAI District- MUZAFFARPUR ======================================================

1. Sunita Devi, Wife of Tetar Sahni

2. Tetar Sahni, Son of Sutai Sahni Both R/o village- Ram Khetari Yusufpur, P.S.- Aurai, DistrictMuzaffarpur .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.29734 of 2014 Arising Out of PS.Case No. -9 Year- 2013 Thana -AURAI District- MUZAFFARPUR ======================================================

1. Ramjas Devi, Wife of Sutai Sahni

2. Sutai Sahni, Son of Brijlal Sahani Both R/o Village-Ram Khetari Yusufpur, P.S.-Aurai, DistrictMuzaffarpur.

.... .... Petitioners

Versus

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

(In Cr.Misc. No.28726 of 2014) For the Petitioner/s : Mr. Alok Kumar Alok, Adv. For the Opposite Party/s : Mr. Shyam Bihari Singh, A.P.P. (In Cr.Misc. No.29734 of 2014) For the Petitioner/s : Mr. Alok Kumar Alok, Adv. For the Opposite Party/s : Mr. Ashok Kr. Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-01-2015 Both Criminal Miscellaneous are in connection with same P.S. Case and as such have been heard together and are being disposed of by this common order.

Patna High Court Cr.Misc. No.28726 of 2014 (3) dt.27-01-2015 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners, apprehending their arrest in connection with Aurai P.S. Case No. 09 of 2013 registered for the offences punishable under Section 304B/34 of the Indian Penal Code, seek the privilege of pre-arrest bail.

Allegedly, the daughter of the informant was married with Sunil Sahni in the year 2012 itself and due to non-fulfillment of demand of motorbike, she was strangulated to death. Submission is that the petitioners are Gotini, Bhaishur, father-in-law and mother-in-law having no concern with the affairs of the husband of the informant's daughter. They are living separately and moreover the case has been compromised and compromise petition has also been filed.

The learned A.P.P. fairly submits that in view of the compromise and further there being general and omnibus allegation, lenient view can be taken against the petitioners. In the facts and circumstances as stated above, the petitioners, in case of their arrest or surrender within two months from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.28726 of 2014 (3) dt.27-01-2015 satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Aurai P.S. Case No. 09 of 2013, subject to the conditions as laid down under Section 438(2) Cr. P.C. (Jitendra Mohan Sharma, J.) Vats/- U T