IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.20584 of 2011
1.Phulmati Devi wife of late Gurugovind Singh,
Village-Chandaukha, P.S.-Kurtha, Dist.-Arwal
2.Sampat Devi wife of Siya Saran Singh
3.Siya Saran Singh @ Siya Saran Sharma son of
Late Deodhari Singh, both of Sakardih, P.S.-Uphara,
District-Aurangabad.
Versus
The State Of Bihar
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3. 27.9.2011. Heard learned counsel for petitioners and learned
counsel for the State.
The petitioners apprehend their arrest in connection with
a case registered for the offence punishable under section 302/34 of
the Indian Penal Code.
It is stated on behalf of the petitioners that petitioner
no.1 is mother of the deceased whereas petitioner nos.2 and 3 are
sisters and petitioner no.4 is brother-in-law (Bahnoi) of the
deceased. The case was investigated by the police and the police on
conclusion of investigation submitted final report on 31.7.2007
finding the accusation made in the first information report to be
‘mistake of facts’. However, learned Chief Judicial Magistrate after
lapse of more than three years differing with the police report took
cognizance of the offence and issued process against the petitioners.
Taking into consideration the aforesaid facts and
circumstances of the case, let the petitioner, namely, 1.Phulmati
Devi 2.Sampat Devi and 3.Siya Saran Singh @ Siya Saran Sharma
in the event of their arrest or surrender before the court below within
a period of four weeks from the date of receipt/communication of
the order be released on bail on furnishing bail bonds of Rs.5,000/-
2
(five thousand) with two sureties of the like amount each to the
satisfaction of learned C.J.M., Jehanabad in connection with Kurtha
P.S.Case No.65 of 2005 subject to the conditions as laid down under
section 438(2) of the Code of Criminal Procedure.
Md.S. ( Ashwani Kumar Singh, J.)