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Patna High CourtCR. MISC./11530/2017bail granted

Asha Mahaseth And ANR v. The State Of Bihar

2017-04-28Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11530 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -LALIT NARAYAN UNIVERSITY DistrictDARBHANGA ======================================================

1. Asha Mahaseth, W/o Raj Kumar Mahaseth,

2. Raj Kumar Mahaseth, S/o Late Ram Avtar Mahaseth, Both residence of Mohalla/Vill- Sundar pur Kharga Mandi, P.S.- L.N.M.U. Dist- Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kedar Jha For the Opposite Party/s : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-04-2017 Heard learned counsel for the petitioners and the State. The petitioners seek bail in LNMU P.S. Case No. 05 of 2017 instituted for the offence under Sections-304(B)/201/34 of the Indian Penal Code.

It has been submitted that petitioners are mother in law and father in law of the deceased. They are in custody since 13-012017. Learned counsel for opposite party No. 2 appeared and opposed the prayer for bail.

The C.D. has been received. There is mention of postmortem report in C.D. wherein the doctor did not find any external or internal injury on the person of the deceased.

Patna High Court Cr.Misc. No.11530 of 2017 (3) dt.28-04-2017 2/2 The viscera was kept preserved for chemical examination. From the written report, it appears that there is general and omnibus allegation against the petitioners. In the statement recorded in case diary, witnesses have merely made suspicion against the petitioners.

In such circumstances,, the prayer for bail is allowed and the petitioners named above, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with LNMU P.S. Case No. 05 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Darbhanga subject to condition that both the bailors should be close relatives of the petitioners. (Sanjay Priya, J) A.K.V./- U T