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Patna High CourtCR. MISC./56557/2015bail granted

Mala Devi And ANR v. The State Of Bihar

2015-12-14Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56557 of 2015 Arising Out of PS.Case No. -182 Year- 2015 Thana -BHARGAWAN District- ARRARIA ======================================================

1. Mala Devi Wife of Sri Gultan Das

2. Kamleshwari Das @ Kamali Das Son of Late Kritiyanand Das Both R/o Village Kushmol, P.S. Bhargama, District Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kundan Kumar Singh For the Opposite Party/s : Mr. Uday Chand Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14-12-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners are in jail custody since 15.09.2015 in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code for the occurrence dated 04.09.2015. The first information report was lodged on 14.09.2015 particularly, in the circumstance, when informant claimed himself to be eye witness of the alleged occurrence. It appears that after death of informant's wife, he lodged the present case making allegation against the petitioners and other F.I.R. named accused.

There is accusation against the petitioners that they

Patna High Court Cr.Misc. No.56557 of 2015 (2) dt.14-12-2015 2/2 along with others mercilessly assaulted the informant's wife with lathi but learned counsel for the petitioners drew my attention towards Annexure-2 to this petition and submits that no external injury was found on the person of the deceased though doctor opined that cause of death of the deceased was her head injury. Moreover, there is omnibus allegation of assault against the petitioners and others and the present case was lodged after ten days of the alleged occurrence, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Bhargama P.S. Case No. 182 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T