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Patna High CourtCR. MISC./30634/2016bail granted

Sita Sunder Devi And ANR v. The State Of Bihar

2016-12-05Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.30634 of 2016 (4) dt.05-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30634 of 2016 Arising Out of PS.Case No. -24 Year- 2016 Thana -CHAURI District- BHOJPUR ======================================================

1. Sita Sunder Devi Wife of Dani Sah

2. Dani Sah Son of Late Ramadhar Sah Both are resident of village- Bhikhampur, P.S.- Chauri, District- Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Ataul Haque For the Opposite Party/s Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 05.12.2016 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners apprehend their arrest in connection with a case registered under section 304B and other minor sections of the Indian Penal Code.

Petitioners happen to be parents-in-law of the deceased and according to the prosecution case itself, deceased died within two years of her marriage. The dead body was disposed of. The informant claims that deceased was done to death by her in-laws due to non-fulfillment of illegal demand. Submission on behalf of the petitioners is that deceased died of her natural death but subsequently, informant lodged this case with ulterior motive. Moreover, no specific overt-act has been attributed against these petitioners and

Patna High Court Cr.Misc. No.30634 of 2016 (4) dt.05-12-2016 according to the prosecution case itself, deceased spent her married life in the house of the petitioners for near about two years.

Considering the aforesaid facts and circumstances as well as submissions of the parties, in the event of arrest/ surrender within six weeks from the date of receipt of this order to the concerned court, let the petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara in Chouri P.S. Case no. 24/2016 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T