Shanti Devi and ors. Vs. the State of Bihar - Court Judgment

SooperKanoon Citationsooperkanoon.com/975007
SubjectEducation
CourtPatna High Court
Decided OnMay-11-2012
AppellantShanti Devi and ors.
RespondentThe State of Bihar
Excerpt:
in the high court of judicature at patna criminal miscellaneous no.828 of 2012 shanti devi & ors. versus the state of bihar 2. 11.01.2012. heard learned counsels for the petitioners and the state. the petitioners being the parents of the husband are apprehending their arrest in a case registered under sections 328 and 302/34 of the indian penal code. the accusation is of demanding two kathas of land prior to occurrence. admittedly, the marriage was performed eight years prior to occurrence. it is submitted by learned counsel for the petitioners that post mortem report does not reflect any injury. though there is accusation of administering poison but even the resisting injury has not been found by the doctor and viscera has been preserved and the petitioners are unfortunate parents when their son has also died by consuming poison alongwith his wife. it appears that the informant has retracted from his initial version by filing a petition before the learned court below. considering the aforesaid facts, 2 let the petitioners, shanti devi and sheo kumar singh, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with mufassil (aurangabad) p.s. case no. 287 of 2011 on furnishing bail bond of rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned c.j.m. aurangabad, subject to the conditions as laid down under section 438(2) of the code of criminal procedure. u. k. ( dinesh kumar singh, j)
Judgment:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.828 of 2012 Shanti Devi & Ors. Versus The State Of Bihar 2. 11.01.2012. Heard learned counsels for the petitioners and the State. The petitioners being the parents of the husband are apprehending their arrest in a case registered under Sections 328 and 302/34 of the Indian Penal Code. The accusation is of demanding two Kathas of land prior to occurrence. Admittedly, the marriage was performed eight years prior to occurrence. It is submitted by learned counsel for the petitioners that post mortem report does not reflect any injury. Though there is accusation of administering poison but even the resisting injury has not been found by the doctor and Viscera has been preserved and the petitioners are unfortunate parents when their son has also died by consuming poison alongwith his wife. It appears that the informant has retracted from his initial version by filing a petition before the learned court below. Considering the aforesaid facts, 2 let the petitioners, Shanti Devi and Sheo Kumar Singh, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Mufassil (Aurangabad) P.S. Case No. 287 of 2011 on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Aurangabad, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U. K. ( Dinesh Kumar Singh, J)