Mithu Das And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29668 of 2016 Arising Out of PS.Case No. -140 Year- 2016 Thana -BANKA District- BANKA ======================================================

1. Mithu Das @ Mithun Das.

2. Chutar Das.

3. Triveni Das.

4. Jivan Das, All sons of Baldeo Das.

5. Mina Devi, Wife of Jivan Das.

6. Laliya Devi, wife of Triveni Das.

7. Nunsariya Devi @ Mansariya Devi, wife of Chutar Das.

8. Nankeshwar Das son of Ghutar Das. All are residents of village Karijhank, Police Station- Banka, District- Banka. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Balram Kapri, Advocate. For the Opposite Party : Mr. Anand Mohan Prasad Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-11-2016 A supplementary affidavit has been filed on behalf of learned counsel for the petitioners seeking permission for making necessary corrections in the name of the petitioner nos.1, 2 and 7. Learned counsel for the petitioners is permitted to make necessary corrections in the name of the petitioner nos. 1, 2 and 7 in light of supplementary affidavit filed on behalf of the learned counsels for the petitioners.

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

The petitioners are apprehending their arrest in

Patna High Court Cr.Misc. No.29668 of 2016 (7) dt.21-11-2016 2/3 connection with Banka P.S. Case No. 140 of 2016 in a case registered for the offences under Sections 304(B)/34 of the IPC. The prosecution story, in brief, is that the informant's elder daughter was married with accused Ansu Das before four years at village- Karijhank in the district of Banka. At the time of marriage, he had gifted her daughter cash of Rs. 50,000/- and other articles. But his son-in-law Ansu Das and her mother-in-law demanded one motorcycle, T.V and cash of Rs. 50,000/-. On 08.03.2016 in the evening at 6.00 P.M. his Samdhin has given a mobile message that the informant's daughter Rupa Devi has became senseless, very shortly come soon. On her information, the informant came to village Karijhank and saw that his daughter Rupa Devi was senseless. Some Jhag was coming from her mouth and blood was discharged from her nose. Then the informant went to his daughter to hospital where the doctor declared her dead. He has suspicion that all the accused persons have killed his daughter Rupa Devi by giving poison.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioner nos. 1 to 4 are the Chachia father-in-law of the deceased. The petitioner nos. 5 to 7 are the Chachia mother-in-law

Patna High Court Cr.Misc. No.29668 of 2016 (7) dt.21-11-2016 3/3 of the deceased and petitioner no. 8 is the Dewar of the deceased. They are separate in mess and property from the husband of the deceased. No specific allegation has been made against them. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of four weeks from today in connection with Banka P.S. Case No. 140 of 2016 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., Banka, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T