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Patna High CourtCR. MISC./53162/2016bail granted

Surendra Prasad And ORS v. The State Of Bihar

2016-12-15Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53162 of 2016 Arising Out of PS.Case No. -47 Year- 2014 Thana -GAYA GRP CASE District- GAYA ======================================================

1. Surendra Prasad S/o Late Sidhu Singh

2. Surajmani Devi W/o Surendra Prasad

3. Seema Kumari D/o Surendra Prasad All are residents of Village - Akhtiyarpur, P.S. - Parasbigha, District - Jehanabad, at present resident of Kalinagar, P.S. - Jehanabad, District - Jehanabad. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. N.K.Agrawal, Sr.Advocate. For the Opposite Party/s : Mr. Sri Akshay Lal Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-12-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Jehanabad Rail P.S. Case No.47 of 2014 registered under Section 304 (B)/34 of the I.P.C.

The accusation against the petitioners is that informant performed marriage of his daughter, namely Khushbu Kumari with Rajkumar son of petitioner no.1 Surendra Prasad and she used to reside at Jehanabad in a house constructed by her father-in-law. She was being tortured by her in-laws on account of non-providing computer and golden chain. Due to torture his daughter committed suicide by jumping before the train on 21.08.2014.

Patna High Court Cr.Misc. No.53162 of 2016 (2) dt.15-12-2016 2/2 Learned counsel for the petitioners submits that while on investigation police submitted the charge sheet against Raj Kumar, the husband of the deceased but submitted final form against the petitioners, in- laws of the deceased. The learned A.C.J.M., Gaya differing with the final form took the cognizance of offence under Section 304(B)/34 of the I.P.C. against the petitioners. He further submits that the petitioners as father-in-law, mother-in-law and unmarried Nanad of the deceased, and they have been falsely implicated in this case with ulterior motive. Having considered the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be enlarged on bail on furnishing bail bonds of Rs.10,000/-each with two sureties of the like amount each to the satisfaction of the A.C.J.M., Railway, Gaya, in Jehanabad Rail P.S. Case No.47/14 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) AnilKrSinha/- U T