Chinta Devi and anr. Vs. the State of Bihar - Court Judgment

Excerpt:
in the high court of judicature at patna criminal miscellaneous no.36096 o”1. chinta devi w/o budhan kewat r/o village - kehuniyan, p.s. pranpur, district - katihar 2. dahani devi w/o raj kumar kewat r/o village - kehuniyan, p.s. pranpur, district - katihar versus the state of bihar ---------------------------------- 04. 11.01.2012 heard learned counsel appearing on behalf of the petitioners and the state. the petitioners are in custody in connection with pranpur p.s. case no. 13 of 2011 for offence punishable under sections 302/34 of the indian penal code on charge of having set the husband of the informant on fire. learned counsel for the petitioners submits that except for the hearsay statement made by the informant who is the wife of the deceased there is no other witness to the occurrence which took place in the broad day light. he submits that a family dispute is admitted and that it has also come during the course of investigation that the deceased was mentally unstable. he thus submits that in the circumstances the allegation set out against the petitioners is not probable. regard being had to the circumstances, let the petitioners, namely, chinta devi and dahani devi be released on bail upon each one of them individually furnishing bail bonds of rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned chief judicial magistrate, katihar in connection with pranpur p.s. case no. 13 of 2011. s.sb/- (jyoti saran, j.)

Judgment:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36096 o”

1. Chinta Devi W/O Budhan Kewat R/O Village - Kehuniyan, P.S. Pranpur, District - Katihar 2. Dahani Devi W/O Raj Kumar Kewat R/O Village - Kehuniyan, P.S. Pranpur, District - Katihar Versus The State of Bihar ---------------------------------- 04. 11.01.2012 Heard learned counsel appearing on behalf of the petitioners and the State. The petitioners are in custody in connection with Pranpur P.S. Case No. 13 of 2011 for offence punishable under Sections 302/34 of the Indian Penal Code on charge of having set the husband of the informant on fire. Learned counsel for the petitioners submits that except for the hearsay statement made by the informant who is the wife of the deceased there is no other witness to the occurrence which took place in the broad day light. He submits that a family dispute is admitted and that it has also come during the course of investigation that the deceased was mentally unstable. He thus submits that in the circumstances the allegation set out against the petitioners is not probable. Regard being had to the circumstances, let the petitioners, namely, Chinta Devi and Dahani Devi be released on bail upon each one of them individually furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Pranpur P.S. Case No. 13 of 2011. S.Sb/- (Jyoti Saran, J.)