Seema Bharti v. The State of Bihar
Case at a glance
- Bench
- SUNIL DUTTA MISHRA
Provisions considered
- Indian Penal Code, 1860 ss. 120(B), 302
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
Amit Kumar Son of Late Diwakar Ram Resident of - Rajhi Phawarpur, P.S. - Mednichowki, District - Lakhisarai.
Ajit Kumar @ Avinash Kumar Son of Late Diwakar Ram Resident of - Rajhi Phawarpur, P.S. - Mednichowki, District - Lakhisarai. The State of Bihar Versus ... ... Petitioner/s ... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA Mr. Rajnish Chandra, Adv. Mr. Rajendra Nath Jha, APP ORAL ORDER 2 26-06-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Mednichowki P.S. Case No. 18 of 2024 instituted under Sections 120(B) and 302 of the Indian Penal Code.
3. As per the prosecution case, informant was informed by her brother-in-law, namely, Suraj Kumar (husband of deceased) that his wife is dead and he is going to do her cremation. In the meanwhile, informant reached to the sasural of the deceased and saw that the dead body of the deceased was lying in the courtyard having some black mark on her neck which indicates that the death has been caused by pressing her neck. Patna High Court CR. MISC. No.38465 of 2024(2) dt.26-06-2024
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. He further submits that petitioner no. 1 is mother-in-law and petitioner nos. 2 to 4 are brother-in-law of the deceased. The marriage of the deceased with Suraj Kumar was solemnized ten years ago and the petitioners have no concern with the family affairs of the deceased and her husband. The petitioners have no criminal antecedents. The petitioners are ready to cooperate in the investigation and trial.
Learned A.P.P. for the State opposes the prayer for anticipatory bail.
Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to each to the satisfaction of the learned J.M.- 1st Class, Lakhisarai in connection with Mednichowki P.S. Case No. 18 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. sadique/- U T (Sunil Dutta Mishra, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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