Savitri Devi And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5063 of 2016 Arising Out of PS.Case No. -494 Year- 2015 Thana -BIRAUL District- DARBHANGA ======================================================

1. Savitri Devi wife of Binod Jha.

2. Rani Devi, Daughter of Binod Jha.

Both are residents of village Uchati.

3. Arun Jha, son of resident of village Paghari. All P.S. Biraul, Distt. Darbhanga.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Kaushalesh Choudhary Mr. Shambhu Nath Jha For the Opposite Party/s : Mr. Nand Kishore Pd.,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 28-03-2016 Heard the parties.

The three petitioners apprehend their arrest in connection with Biraul P.S. Case No.494 of 2015 registered for the offences punishable under sections 302 and 201/34 of the Indian Penal Code.

The petitioner nos.1 and 2 who happen to be the mother-in-law and sister-in-law along with one Arun Jha have been charged with the murder of five months old child of the informant.

Mr. Kaushalesh Choudhary, learned counsel appearing for the petitioners with reference to the FIR present at Annexure-1 submits that according to the statement of the

Patna High Court Cr.Misc. No.5063 of 2016 (2) dt.28-03-2016 informant herself, the child was ill and was taken to hospital for treatment but succumbed to the illness. He further with reference to the statement of the informant present at Annexure2 submits that the informant has admitted that she has been misled into filing the FIR.

Having heard learned counsel for the parties and considering the circumstances existing let the petitioners, namely, Savitri Devi, Rani Devi and Arun Jha in the event of their arrest or surrender within four weeks from today be released on bail upon each of them furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Biraul, districtDarbhanga in connection with Biraul P.S. Case No.494 of 2015 subject to the conditions as laid down under section 438 (2) of the Code of Criminal Procedure.

(Jyoti Saran, J) SKPathak/- U T