Kishori Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62616 of 2019 Arising Out of PS. Case No.-49 Year-2018 Thana- AURAI District- Muzaffarpur ====================================================== 1.

KISHORI SAHNI S/o Late Dorik Sahni Resident of Village- Sarhachiya, P.S.- Aurai, District- Muzaffarpur.

2.

Janki Devi @ Raj Kumari Devi W/o Kishori Sahni Resident of VillageSarhachiya, P.S.- Aurai, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Thakur For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-03-2020 Heard learned counsel for the parties.

This application for regular bail arises out of Aurai P.S. Case No. 49 of 2018, disclosing offence punishable under Sections 302, 328, 34 of the Indian Penal Code. It is alleged against the petitioners, who are husband and wife, that they physically assaulted their son-in-law to the extent that he succumbed to the injuries. Allegedly, on the date of occurrence, the son-in-law of these petitioners had come to the petitioners' place.

Learned counsel appearing on behalf of the petitioners has submitted that according to the informant himself, who is the father of the deceased, he was informed by

Patna High Court CR. MISC. No.62616 of 2019(6) dt.06-03-2020 2/2 petitioner no. 1 about the death of the deceased. Learned Additional Public Prosecutor, referring to the materials in the case diary, has submitted that viscera has been preserved for examination. However, the postmortem report does not show any external injury.

In view of the submissions advanced on behalf of the petitioners and considering the materials which have been collected in course of the investigation, in my opinion, a case for grant of regular bail is made out.

This application is allowed. Let the petitioners, above-named, 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 learned ACJM-13, Muzaffarpur in Aurai P.S. Case No. 49 of 2018. This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Rajesh/- U T