Allowed

Prabhawati Devi and Ors. v. The State Of Bihar

Patna HC19 Mar 2014CR. MISC./50415/2013

Case brief

AI extract

What is this about?

In a criminal miscellaneous matter concerning an offence under Sections 302 and 201/34 IPC, the High Court granted interim liberty allowing the petitioner in-laws to surrender for bail application. Directing consideration of the deceased minor's statement and informant's presence at cremation before disposing of bail.

What did the court decide?

Petitioners granted liberty to surrender for regular bail application within four weeks; interim coercive action stayed pending disposal.

Prabhawati Devi and Ors. Vs The State Of Bihar — Bail and Remand | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.50415 of 2013

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====================================================== 1. Prabhawati Devi, W/O Vishwanath Rai, 2. Vishwanath Rai, son of Late Baldeo Rai, 3. Nagendra Rai, son of Vishwanath Rai. All residents of VillageJagdishpur, P.S.- Khaira, District- Saran .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 2 19-03-2014 Heard learned counsel for the petitioners and the

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State.

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The three petitioners are the in-laws of the deceased. They are apprehending their arrest in connection with a case registered for the offence under Sections 302, 201/34 of the Penal Code, as according to them deceased suffered natural death and thereafter cremated on 24.05.2013 in presence of the informant but informant after seven days of the cremation lodged the present case on 31.05.2013.

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It is submitted on behalf of the petitioners that the deceased left behind not only a girl child aged 6 years but also one another child aged 1½ years, who are residing with the in-laws of the deceased.

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Let petitioners surrender in the court below within a period of four weeks from the date of receipt/production of a

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Patna High Court Cr.Misc. No.50415 of 2013 (2) dt.19-03-2014

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copy of this order in the court below and apply for regular bail, which should be considered in the light of the statement of the 6 years old girl child of the deceased. In the event, girl child has given the petitioners clean chit in her statement under Section 161 Cr.P.C., petitioners, named above, be admitted to the privilege of bail on furnishing bail bonds of Rs. 5,000/-(Rs. Five Thousand Only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Doriganj P.S. Case No. 54/13, subject to the conditions as laid down under Section 438(2) Cr.P.C. In the event, statement of 6 years old girl child has not been recorded in the case diary, the court below will verify from the case diary whether informant was present at the time of cremation and if that be so then such aspect of the matter should be taken into account while considering the request of the petitioners for grant of bail. Until disposal of the bail matter, no coercive steps will be taken against the petitioners.

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(V.N. Sinha, J)

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Rajesh/-

Prabhawati Devi and Ors. v. The State Of Bihar

Case brief

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Prabhawati Devi and Ors. v. The State Of Bihar

Case brief

What is this about?

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What the court decided

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