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Patna High CourtCR. MISC./258/2016bail granted

Rajo Devi And ANR v. The State Of Bihar

2016-01-06Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.258 of 2016 Arising Out of PS.Case No. -86 Year- 2015 Thana -GHOGHARDIHA District- MADHUBANI ======================================================

1. Rajo Devi wife of Raghunath Kamat,

2. Kanhaiya Kamat @ Kanhaiya Kumar Kamat son of Raghunath Kamat, resident of Village- Rajuahi, P.S.- Gogardiha, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Ram Chandra Sahni (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-01-2016 Petitioners being mother and brother of the husband of the victim are apprehending their arrest in a case registered for the offences punishable under Sections 302, 201, 120B of the Indian Penal Code.

The accusation is killing the daughter of the informant after twelve years of marriage and disposing of the dead body.

It is submitted by learned counsel for the petitioners that petitioners claim to be separate from the husband of the victim who is in custody. The informant is admittedly not the eye witness to the occurrence and only on suspicion the entire family has been roped in the present case. The victim committed suicide and his dead body was disposed of by her husband.

Considering the fact that thrust of accusation

Patna High Court Cr.Misc. No.258 of 2016 (2) dt.06-01-2016 2/2 is against the husband of the victim and admittedly informant is not the eye witness to the occurrence, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jhanjharpur, Madhubani in connection with Ghogardiha P.S. Case No. 86 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T