Lalan Jha And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11808 of 2015 Arising Out of PS.Case No. -7 Year- 2014 Thana -SAMHO District- BEGUSARAI ======================================================
1. Lalan Jha Son of Kripal Jha,
2. Kripal Jha, Son of Late Shivnandan Jha, both resident of villageLadhauna, P.s. Samho, District- Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bipin Bihari Singh For the Opposite Party/s : Mr. Sakir Ahmad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-05-2015 Supplementary affidavit is filed on behalf of the petitioners.
Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Samho P.S.Case No. 07 of 2014 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code. Petitioner no.1 is elder brother-in-law whereas petitioner no. 2 is father-in-law of the deceased. In course of investigation, the statement of son of deceased was recorded as proposed prosecution witness no. 3 and the son of the deceased stated that deceased was assaulted by all
Patna High Court Cr.Misc. No.11808 of 2015 (4) dt.15-05-2015 2/3 family members but when the statement of independent witnesses was recorded the independent witnesses in paragraph no. 29, 30,31 and 32 of the case diary stated that on the alleged date of occurrence an altercation had taken place between the deceased and her husband and subsequently deceased was beaten up by her husband.
Learned counsel appearing for the petitioners submits that petitioners are separate from the husband of the deceased and they do not have any relation with the affairs of husband of the deceased.
Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Begusarai in Samho P.S.Case No. 07 of 2014 , subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J) Namita/- U T
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