Mala Devi And ANR. v. The State Of Bihar

Patna High Court Cr.Misc. No.11225 of 2015 (2) dt.23-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11225 of 2015 Arising Out of PS.Case No. -81 Year- 2014 Thana -PHULWARIA District- GOPALGANJ ======================================================

1. Mala Devi wife of Matrika resident of village Songarhwa, P.S. Phulwaria, District Gopalganj, at present residing at House No. 119, ABlock, Street No. 8, Phase - I, Shiv Vihar, Karawal Nagar, Dayalpur, North East Delhi 110094.

2. Suraj Yadav son of Late Muneshwar Yadav resident of village Ram Nagar, P.S. Bhorey, District Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Suresh Prasad Bhakta For the Opposite Party/s : Mr. Md.A.Haque Sahara(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-03-2015 Heard learned counsel for the petitioners as well as leaned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Phulwaria P.S. Case No. 81 of 2014 registered under Sections304(B)/201 of the Indian Penal Code. The petitioner No. 1 happens to be married Nanad of the deceased and so far as petitioner No. 2 is concerned; he happens to be brother-in-law of husband of the deceased. It is surprisingly enough that the marriage of the deceased was solemnized in the year 2001 and she died in the year, 2014 but even then, the police registered a case under

Patna High Court Cr.Misc. No.11225 of 2015 (2) dt.23-03-2015 Sections-304(B)/34 of the Indian Penal Code though after investigation, police submitted charge sheet under Sections-302, 498A/34 of the Indian Penal Code and the investigation, in respect of the petitioners, has been kept pending.

Considering the aforesaid facts and circumstances as well as submission of the parties, let the petitioners named above, in the event of their arrest or surrender within four weeks from the date of receipt/production of copy of the order in the court below, be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Phulwaria P.S. Case No. 81 of 2014 to the satisfaction of Sri Abhishek Kunal, learned Judicial Magistrate-Ist Class, Gopalganj subject to the conditions as laid down u/S 438(2) of the Cr. P.C.

(Hemant Kumar Srivastava, J) A.K.V./- U T