Gita Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36398 of 2015 Arising Out of PS.Case No. -68 Year- 2015 Thana -SONBARSA District- SAHARSA ======================================================

1. Gita Devi, Wife of Parmanand Yadav

2. Chuna Yadav, Son of Parmanand Yadav Both are Residents of Village- Rakhouta, P.S. Sonbarsa, District- Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate Mr. Dinesh Prasad Verma, Advocate For the Opposite Party/s : Mr. Yogendra Kumar (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 12-01-2016 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners, being the mother and brother of the deceased, are apprehending their arrest in connection with Sonbarsa Raj P.S. Case No.68 of 2015 for allegedly having committed the offences under Section 302/34 of the Indian Penal Code.

Case diary in the present case was called for, which has since been received.

Learned counsel for the petitioners submits that the petitioners and the informant's side participated in the partition two-three years ago and the present occurrence arose out of a minor dispute regarding laying of the cot in the Rasta/share

Patna High Court Cr.Misc. No.36398 of 2015 (4) dt.12-01-2016 2/2 allotted to the husband of the informant. Learned counsel for the petitioners further submits that on account of said altercations, the father of the deceased hurled arrow,which hit his son (deceased), leading to his death. It is further submitted that save and except the said injury inflicted by the father, there is no other injury on the person of the deceased.

Considering the nature of allegations made and also there being no specific allegation against these two petitioners, which also stands verified by the case diary, which has come and has been perused by the learned counsel for the State, and that there being no further injury on the person of the deceased, let both the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa, in connection with Sonbarsa Raj P.S. Case No.68 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) PNM U T