Binod Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1987 of 2020 Arising Out of PS. Case No.-160 Year-2005 Thana- BANIAPUR District- Saran ====================================================== 1.

Binod Rai Son of Janak Yadav @ Janakdeo Rai Resident of Village - Harpur Kothi, P.S.- Janta Bazar, District - Saran.

2.

Pramod Rai Son of Janak Yadav @ Janakdeo Rai Resident of Village - Harpur Kothi, P.S.- Janta Bazar, District - Saran. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Harish Kumar For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-05-2020 Heard learned counsel for the petitioners as well as learned A.P.P. for the State through video conferencing. This relates to grant of bail in Baniyapur P.S. Case No. 160 of 2005, registered for the offence under Sections 302, 201, 34 of the Indian Penal Code.

As per prosecution case, son of the informant went to his in-laws house for Bidai of his wife, but he did not return. It is further alleged by the informant that his son was killed by his in-laws members, including petitioners.

It is submitted on behalf of petitioners that petitioners are brothers-in-law of deceased and have falsely been implicated in this case due to suspicion. There is no eye-witness

Patna High Court CR. MISC. No.1987 of 2020(4) dt.28-05-2020 2/2 to the alleged occurrence. Petitioners are in custody since 23-11-2019, having no criminal antecedent.

Considering the aforesaid facts and circumstances, let the above-named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran in connection with Baniyapur P.S. Case No. 160 of 2005 on the following conditions:

"(1) Petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail-bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.".

(Prabhat Kumar Singh, J.) anay U T