Mahatam Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4912 of 2018 Arising Out of PS.Case No. -45 Year- 2017 Thana -RAGHUNATHPUR District- SIWAN ======================================================

1. Mahatam Sah, S/o Late Sudama Sah,

2. Etwaro Devi @ Atwaro Devi W/o Mahatam Sah, Both are R/o Village- Kajrashan , P.S.- Raghunathpur, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Javed Aslam, Adv. For the Opposite Party/s : Mr. Suresh Prasad Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-02-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners, in the present case, are seeking regular bail in connection with Raghunathpur P.S. Case No.45 of 2017, registered for offences alleged under Section 304(B)/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that these petitioners are father-in-law and mother-in-law of the deceased. A statement has been made in paragraph 13 of the application that the husband of the deceased is in custody. Referring to the materials mentioned in the impugned order learned counsel submits that in the case diary it has come that the witnesses have

Patna High Court Cr.Misc. No.4912 of 2018 (2) dt.02-02-2018 stated that on the alleged date of occurrence, the deceased was alone inside the house and all the family members were at their field. Learned counsel further submits that the allegations made against the petitioners in the FIR are false because postmortem report shows that the death has taken place due to hanging. However, no other injury has been found on the body of the deceased.

Learned counsel for the State is present.

Considering the facts and circumstances, let the petitioners, above named, be enlarged on bail on their furnishing bail bond of Rs.15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Raghunathpur P.S. Case No.45 of 2017, subject to the conditions U/S 437(3) Cr.P.C. and subject to the further condition that the petitioners shall cooperate in course of trial by putting appearance before the learned court below as and when required. Two consecutive defaults in putting appearance before the learned court below without any plausible reason shall lead to cancellation of their bail. Arvind/- (Rajeev Ranjan Prasad, J) U T