Ram Chandra Mistri @ Ramchandra ... vs The State Of Bihar
2021 Latest Caselaw 476 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No. 28101 of 2020
           Arising Out of PS Case No.-249 Year-2019 Thana- SALKHUA District- Saharsa
     ======================================================

1. Ram Chandra Mistri @ Ramchandra Sharma, aged about 50 years, (Male) Son of Late Rahunath Mistri.

2. Rekha Devi, aged about 48 years, (Female) Wife of Ram Chandra Mistri @ Ramchandra Sharma.

Both resident of Village - Korlaha, P.S.- Salkhua, District - Saharsa.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

     For the Petitioner/s    :        Ms. Rashmi Jha, Advocate
     For the State           :        Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 29-01-2021

Heard Ms. Rashmi Jha, learned counsel for the

petitioners and Mr. Md. Arif, learned Additional Public Prosecutor

(hereinafter referred to as the 'APP') for the State.

2. The petitioners apprehend arrest in connection with

Salkhua PS Case No. 249 of 2019 dated 03.11.2019, instituted

under Sections 304B and 302/34 of the Indian Penal Code and 27

of the Arms Act.

3. The petitioners are the father-in-law and mother-in-

law of the deceased who was shot in her parents' home by her

husband i.e., son of the petitioners.

Patna High Court CR. MISC. No.28101 of 2020 dt.29-01-2021

4. Learned counsel for the petitioners submitted there is

no role of the petitioners in the incident as whatever happened is

between the husband and the wife and further that their son is in

custody. It was submitted that the petitioners do not have any

other criminal antecedent.

5. Learned APP did not controvert that the admitted

position is that the son of the petitioner shot his wife that too in

her parents' home.

6. Having considered 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. 25,000/- (twenty five thousand) each

with two sureties of the like amount each to the satisfaction of the

learned Additional Chief Judicial Magistrate-IV, Saharsa in

Salkhua PS Case No. 249 of 2019, subject to the conditions laid

down in Section 438(2) of the Code of Criminal Procedure, 1973

and further, (i) that one of the bailors shall be a close relative of

the petitioners, and (ii) that the petitioners shall cooperate in the

case. Failure to cooperate shall lead to cancellation of their bail

bonds.

Patna High Court CR. MISC. No.28101 of 2020 dt.29-01-2021

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T