Sita Devi And ANR. v. The State Of Bihar

Patna High Court Cr.Misc. No.18254 of 2015 (2) dt.11-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18254 of 2015 Arising Out of PS.Case No. -9 Year- 2015 Thana -NAYA RAM NAGAR District- MUNGER ======================================================

1. Sita Devi wife of Sri Vijoy Yadav

2. Vijay Yadav son of Late Uchit Kumar Yadav, both Residents of Mohalla- Daulatpur, Road No. 3, near Gyatri Mandir, P.S.- Jamalpur, Distt- Munger .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 11-06-2015 The petitioners, who are Nanad and Nandoi (sister-in-law and husband of sister-in-law) of the victim lady, apprehend their arrest in relation to Naya Ramnagar P.S. Case No. 09 of 2015 instituted under Sections 498(A), 304B/34 of the Indian Penal Code.

Learned counsel for the petitioners points out that after investigation police submitted a final report taking that the case was mistake of fact, but the learned Magistrate has referred and taken cognizance for the offences under Section 302 of the Indian Penal Code. He further draws attention of this Court, as a matter of fact, that the lady had fallen down from motorcycle and injured. She was treated and in course of treatment she died.

Patna High Court Cr.Misc. No.18254 of 2015 (2) dt.11-06-2015 Be that as it may, considering the relationship and other facts, in the event of their arrest/surrender before the court below within four weeks, let the petitioner, namely, Sita Devi and Vijay Yadav, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Munger, in connection with Naya Ramnagar P.S. Case No. 09 of 2015, subject to conditions laid down under Section 438 (2) of the Code of Criminal Procedure. (Navaniti Prasad Singh, J.) Rajeev/- U T