IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.11407 of 2011
1. Awadhesh Seth, S/O-Late Anant Seth
2. Bimla Devi, W/O-Awadhesh Seth
Versus
The State Of Bihar
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04 06.07.2011 Heard learned counsel for the petitioners as well as
learned Additional Public Prosecutor for the State.
Petitioners are languishing in jail custody since
21.01.2011 in a case registered under Sections 304 B/34 of the
Indian Penal Code.
Petitioners are parents-in-law of the deceased whose
marriage had taken place in the year 2006. It is admitted case of
the prosecution that two children of the deceased died on
account of her abortion and again she became pregnant but she
died in mysterious circumstances on 11.10.2010 and having got
the aforesaid information, informant went to the house of the
petitioners and found the dead body of her sister lying in the
house of the petitioners.
In course of investigation, the co-villagers of the
petitioners stated that deceased died on account of some
complications which arose in course of her pregnancy but so far
as informant and his co-villagers are concerned, they supported
the prosecution case. It appears from perusal of the impugned
order of learned 2nd Additional Sessions Judge that he rejected
the bail petition of petitioners after considering the post-mortem
report of the deceased. The post-mortem report of the deceased
reveals that only one bruise was found on her person though
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doctor has opined that the aforesaid bruise was caused by hard
and blunt substance.
Considering the aforesaid facts and circumstances as
well as submissions of the parties, let the petitioners be released
on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of Chief Judicial Magistrate, Rohtas at Sasaram in connection
with Baghaila P.S. Case No. 52 of 2010.
Shahzad ( Hemant Kumar Srivastava, J.)