Jokhu Prit @ Jokhu Padit And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49585 of 2017 Arising Out of PS.Case No. -59 Year- 2017 Thana -SAHODARA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Jokhu Prit @ Jokhu Padit, Son of Late Thag Prit, resident of VillagePahkul, P.S.- Sahodara, District- West Champaran.
2. Sarle Devi @ Sumitri Devi @ Sarla Devi, W/o Jokhu Prit, resident of Village- Pahkul, P.S.- Sahodara, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satyavrat Verma For the Opposite Party/s : Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-12-2017 Heard Mr. Satyavrat Verma, learned counsel for the petitioner and learned A.P.P for the State. The petitioners are father-in-law and mother-inlaw of the deceased. After some arguments, learned counsel for the petitioners seeks permission to withdraw the application with respect to petitioner No. 1, the father-in-law of the deceased viz. Jokhu Prit @ Jokhu Padit. The application, so far as petitioner No. 1 is concerned, is dismissed as withdrawn with liberty to approach this Court after a reasonable time.
The petitioner No. 2 seeks bail in connection with Sahodara P.S. Case No. 59 of 2017 dated 27.06.2017
Patna High Court Cr.Misc. No.49585 of 2017 (3) dt.04-12-2017 2/3 instituted for the offences under Sections 304(B) and 34 of the India Penal Code.
Mr. Verma has argued that though the husband of the deceased has not been made accused in this case as he was not available at the time of death of the deceased, but so far as petitioner No. 2 is concerned, who is the mother-in-law of the deceased, nothing specific has been alleged against her. He has further submitted that some of the witnesses, during the course of investigation has stated that when they heard the sound of the child crying, they rushed to the house of the deceased and found the room to be locked from inside. It has also come during the course of investigation that at the instance of the villagers, the dead body which was hanging from the ceiling was brought down. Regard being had to the facts aforestated as also that petitioner No. 2 is in custody since 28.06.
2017, this Court is inclined to grant bail to the petitioner No. 2. While saying so, this Court has also taken note of the fact that one of the co-accused viz. the sister-in-law of the deceased has not been charge-sheeted and final report has already been submitted against her. The petitioner No. 2, above named is directed to be released on bail on furnishing bail bonds of Rs.
Patna High Court Cr.Misc. No.49585 of 2017 (3) dt.04-12-2017 3/3 of learned Sub-Divisional Judicial Magistrate, Narkatiaganj, West Champaran in connection with Sahodara P.S. Case No. 59 of 2017.
(Ashutosh Kumar, J) Shageer/- U T