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Patna High CourtCR. MISC./46314/2015allowed

Deowaran Prajapat @ Deowaran Pandit And ORS v. The State Of Bihar

2015-11-06Mr. Justice Ramesh Kumar Datta3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46314 of 2015 Arising Out of PS.Case No. -68 Year- 2015 Thana -HASPURA District- AURANGABAD ======================================================

1. Deowaran Prajapat @ Deowaran Pandit Son of Sohar Pandit

2. Sidhnath Pandit @ Shionath Pandit Son of of Deowaran Prajapat @ Deowaran Pandit

3. Chinta Devi wife of Sidhnath Pandit @ Shionath Pandit

4. Deonath Pandit @ Surjnath Pandit @ Suryanath Pandit Son of Deowarn Prajapat alias Deowaran Pandit 5.Rina Devi Wife of Deo Pandit alias Surjnath Pandit alias Suryanath Pandit All resident of village Nagauli, P.S. Haspura, District Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 06-11-2015 Learned counsel for the petitioners is permitted to correct the description of the husband of petitioner No.3, as also in the description of petitioner No.4 and to add the husband's name of petitioner No.5 in the course of the day.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners pray for anticipatory bail in a case registered under Sections 304 (B), 201 and 34 of the Indian Penal Code.

Petitioner No.1 is the father-in-law of the deceased lady and petitioner Nos. 2 and 4 are the brother-in-laws and petitioner Nos. 3 and 5 are sister-in-laws (Gotanis) of the deceased lady.

Patna High Court Cr.Misc. No.46314 of 2015 (2) dt.06-11-2015 It is submitted by learned counsel for the petitioners that a total false case has been filed by the relations of the deceased lady as the marriage itself had taken place ten years back and four children were born from the said marriage. It is further submitted that the deceased lady has committed suicide because of differences with her husband and further they were living separately from the petitioners, who had no connection with their day today life. It is also submitted by learned counsel for the petitioners that the learned Sessions Judge after considering the materials, which had come during the course of investigation, granted bail to the husband of the deceased lady by order dated 10.08.2015 passed in B.P. No.547 of 2015//114 of 2015. It is stated that the petitioners do not have any criminal history. On a consideration of the facts and circumstances of the case, the petitioners (1) Deowaran Prajapat alias Deowaran Pandit, (2) Sidhnath Pandit @ Shionath Pandit, (3) Chinta Devi,

(4) Deonath Pandit @ Surjnath Pandit @ Suryanath Pandit and (5) Rina Devi, in the event of their arrest or surrender in the court below within a period of four weeks from today, shall be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each in connection with Haspura P.S. Case No.68/2015 to the satisfaction of the Chief Judicial

Patna High Court Cr.Misc. No.46314 of 2015 (2) dt.06-11-2015 Magistrate, Aurangabad, subject to the other conditions as laid down under Section 438 (2) of the Cr.P.C.

(Ramesh Kumar Datta, J) V.P.Sinha/- U