Barmeshwar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48858 of 2019 Arising Out of PS. Case No.-76 Year-2019 Thana- SANDESH District- Bhojpur ====================================================== 1.

Barmeshwar Pandey, S/o Late Dharmdeo Pandey, Resident of VillageSurungapur, P.S.- Sandesh, District- Bhojpur. 2.

Hirajhari Devi, W/o Barmeshwar Pandey, Resident of Village- Surungapur, P.S.- Sandesh, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-08-2019 This is an application for grant of anticipatory bail in connection with Sandesh P.S. Case No. 76 of 2019, disclosing offences under Sections 341, 323, 504, 498A, 302, 34 of IPC. Petitioners happens to be the father-in-law and mother-in-law of the deceased and allegation against them is of killing the deceased and they set her on fire and disposed of the dead body of the deceased.

Submission of the learned counsel for the petitioners is that as a matter of fact, she received burn injury and she was taken to hospital where she was treated and her brother was also present in the hospital, which will appear from Annexure 2, which is admission slip and thereafter, Annexure 2 is death certificate issued by the hospital and as such, allegation that

Patna High Court CR. MISC. No.48858 of 2019(2) dt.06-08-2019 2/2 they have disposed of the dead body of the deceased is false and concocted, rather it appears that they have participated in her cremation. The present case has been lodged with some ulterior motive.

Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned Judicial Magistrate-1, Bhojpur, at Ara, in connection with Sandesh P.S. Case No. 76 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T