Sulochana Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22854 of 2018 Arising Out of PS.Case No. -155 Year- 2017 Thana -NATHNAGAR District- BHAGALPUR ======================================================
1. Sulochana Devi wife of Krishna Mohan Mandal
2. Krishna Mohan Mandal son of Late Hari Mandal
3. Rajeev Kumar @ Pappu Mandal son of Krishna Mohan Mandal All residents of village - Raghopur, P.S. - Nathnagar, District - Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-06-2018 The petitioners are apprehending their arrest in connection with Nath Nagar P.S. Case No. 155 of 2017, registered for offences punishable under Sections 302/34 of the Indian Penal Code.
Allegation against the petitioners is of causing death of the deceased, who happens to be wife of petitioner no. 3. It has been submitted on behalf of the petitioners that the deceased had no issue and out of frustration, she set herself on fire and received burn injuries and she was taken to the hospital but the she succumbed to her injuries. It has also been submitted that the informant in his restatement has stated that the case has been lodged on mistaken facts and he has also narrated the story that the
Patna High Court Cr.Misc. No.22854 of 2018 (3) dt.21-06-2018 2/3 deceased used to live in frustration due to not having any issue. Learned counsel for the State could not controvert this fact.
Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bhagalpur, in connection with Nath Nagar P.S. Case No. 155 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear
Patna High Court Cr.Misc. No.22854 of 2018 (3) dt.21-06-2018 3/3 before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T