Kosami Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85861 of 2019 Arising Out of PS. Case No.-72 Year-2019 Thana- KARAI PARSURAI District- Nalanda ============================================== 1.

KOSAMI DEVI W/o Jay Lal Bishwakarma Resident of Village- Gandhi Chowk, Karai Parsurai, P.O. and P.S.- Karai Parsurai, Dist- Nalanda, Bihar.

2.

Jay Lal Bishwakarma S/o Late Julab Bishwakarama Resident of VillageGandhi Chowk, Karai Parsurai, P.O. and P.S.- Karai Parsurai, DistNalanda, Bihar. 3.

Suraj Bishwakarma S/o Jay Lal Bishwakarma Resident of VillageGandhi Chowk, Karai Parsurai, P.O. and P.S.- Karai Parsurai, DistNalanda, Bihar. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Lallu Prasad For the Opposite Party/s :

Mr.Gauri Shankar Gupta ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-06-2020 Heard Mr. Lallu Prasad, learned counsel for the petitioner and Mr. Gauri Shankar Gupta, learned APP for the State.

Learned counsel for the petitioner has informed this court that petitioner no. 2 / Jay Lal Bishwakarma has died during pendency of this petition.

The application with respect to petitioner no. 2, thus stands dismissed as having become infructuous.

Patna High Court CR. MISC. No.85861 of 2019(3) dt.17-06-2020 2/3 The petitioner nos. 1 and 3, who are mother-in-law and brother-in-law (devar) seek bail in anticipation of their arrest in connection with Karai Parsurai P.S. Case No. 72 of 2019 dated 22.05.2019 instituted for the offences under Section 304(B)/34 of the Indian Penal Code.

It has been urged on behalf of petitioner nos. 1 and 3 that they have not taken any part in the killing of the deceased. In fact, from the First Information Report itself it would appear that the petitioner no. 3 had informed the family members of the deceased that she has died. Petitioner nos. 1 and 3 are said to have been made accused in this case because of wrong counsel to the family members of the deceased. It has also been submitted that the husband of the deceased is in custody.

Taking into account the aforestated facts, the petitioner nos. 1 and 3 are directed to be released on bail, 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, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two

Patna High Court CR. MISC. No.85861 of 2019(3) dt.17-06-2020 3/3 sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda, in connection with Karai Parsurai P.S. Case No. 72 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure (Ashutosh Kumar, J) sunilkumar/- U T