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Patna High CourtCR. MISC./52726/2019bail granted

Kanki Devi v. The State Of Bihar

2019-08-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52726 of 2019 Arising Out of PS. Case No.-382 Year-2018 Thana- JAGDISHPUR District- Bhagalpur ====================================================== 1.

Kanki Devi, Aged about 65 years, Female, Wife of Haldhar Yadav, Resident of Village-Tarchha, P.S.-Goradiah, District-Bhagalpur. 2.

Haldhar Yadav, Aged about 68 years, Male, Son of Late Phagu Yadav, Resident of Village-Tarchha, P.S.-Goradiah, District-Bhagalpur. 3.

Lalal Yadav @ Lalan Yadav, Aged about 31 years, Male, Son of Haldhar Yadav, Resident of Village-Tarchha, P.S.-Goradiah, District-Bhagalpur. 4.

Sunil Yadav, Aged about 34 years, Male, Son of Haldhar Yadav, Resident of Village-Tarchha, P.S.-Goradiah, District-Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-08-2019 Heard both sides.

Petitioners apprehend their arrest in Jagdishpur (Goradiah) P.S. Case No.382 of 2018, registered under Sections 304(B), 201 and 34 of the Indian Penal Code.

The informant, mother of the deceased, disclosed that her daughter was married with Shravan Yadav in the year 2012 and her daughter got two children but her husband, father-in-law, mother-inlaw and brothers-in-law started torturing her. She further disclosed that her daughter came to the house of the informant but again after much persuasion, she was sent to the house of her husband but on 22.07.2018 her daughter was killed by her husband and other in-laws

Patna High Court CR. MISC. No.52726 of 2019(2) dt.23-08-2019 2/2 and her dead body was cremated.

Learned counsel for the petitioners submits that the petitioners are mother-in-law, father-in-law and brothers-in-law of the deceased. The marriage was solemnized in the year 2012. The deceased never complained any ill treatment at the hands of her inlaws before her death. Petitioners are living separately from Shravan Yadav. It is submitted that the dead body of the deceased was later on recovered from a canal and on the recovery of the dead body U.D. Case No.3 of 2018 was registered in Sanhaula P.S.

Taking into consideration the facts and the nature of allegations made against the petitioners and the fact that the petitioners are mother-in-law, father-in-law and brothers-in-law of the deceased, let 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 of the order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhagalpur in connection with Jagdishpur (Goradiah) P.S. Case No.382 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) S.