Kusama Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53596 of 2016 Arising Out of PS.Case No. -105 Year- 2016 Thana -JAYNAGAR District- MADHUBANI ======================================================
1. Kusama Devi, w/o Radha Sah @ Radhe Sahu.
2. Radhe Sah alias Radhe Sahu, son of Late Bullo Sah. Both are resident of village-Ramanan, P.S. Jaynagar, DistrictMadhubani. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 09-01-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Jaynagar P.S. Case No.105 of 2016/G.R. No.1009 of 2016 registered under Sections 304(B) and 201/34 of the Indian Penal Code. The accusation is of killing the deceased, the daughter of the informant, by her husband and in-laws due to non fulfillment of the dowry demand and to dispose of her dead body. Learned counsel appearing on behalf of the petitioners submits that petitioner no.1 is mother-in-law whereas petitioner no.2 is fatherin-law of the deceased, the daughter of the informant. In fact, the deceased, the daughter of the informant, died due to heart attack and her
Patna High Court Cr.Misc. No.53596 of 2016 (3) dt.09-01-2017 2/2 funeral ceremony was performed in the presence of the informant but with an ulterior motive, the informant has lodged the present case. Further submission is that the informant on knowing the real facts has filed a compromise petition in the court of the Sub Divisional Judicial Magistrate, Madhubani on 20.07.2016. It is also submitted that the husband of the deceased, the daughter of the informant, who was responsible for taking care of the deceased, the daughter of the informant, having surrendered in the court below is in jail custody since 02.01.2017.
Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Madhubani, in connection with Jaynagar P.S. Case No.105 of 2016/G.R. No.1009 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T