Brajesh Kumar @ Brajesh Ravidas And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60924 of 2018 Arising Out of PS.Case No. -122 Year- 2018 Thana -GOPALPUR District- PATNA ======================================================

1. Brajesh Kumar @ Brajesh Ravidas son of Late Jagdish Ram,

2. Gudia Devi wife of Brajesh Kumar @ Brajesh Ravidas, Both residents of Bhelwara P.S. Gopalpur, District Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Ehteshamuddin For the Opposite Party/s : Mr. Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-10-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302,201,120(B)/34 of the Indian Penal Code. Petitioner No.1 is father of the victim of death Komal Kumari, aged about 17 years and petitioner No.2 is stepmother of Komal Kumari. After death of mother of Komal Kumari, petitioner No.1 married with petitioner No.2 and at that time, Komal Kumari was aged about 2 and half months. Thereafter, the petitioners took proper care for education of Komal Kumari, which would be evident from her different school certificates at Annexure-2 series.

Patna High Court Cr.Misc. No.60924 of 2018 (2) dt.03-10-2018 2/2 Submission is that Komal Kumari died of jaundice, which would be evident from the records of her treatment and diagnosis and after death, just to pressurize, false case has been lodged by maternal uncle of Komal Kumari.

Considering the fact that there is no substantial material even to direct pointer against the petitioners, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Gopalpur P.S.Case No. 122 of 2018, (G.R.No.3415 of 2018), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Nitesh/- U T