Pappu Goswami And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2407 of 2016 Arising Out of PS.Case No. -41 Year- 2015 Thana -OBRA District- AURANGABAD ======================================================
1. Pappu Goswami Son of Narsingh Goswami,
2. Narsingh Goswami, son of Late Keshwar Goswami, Both resident of Village Shankarpur, P.S. Obra, District- Aurangabad .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar No.6, Advocate For the Opposite Party/s : Mr. Navin Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-03-2016 Heard learned counsel for the petitioners, the learned counsel for the informant and the learned A.P.P. representing the State.
Petitioners seek bail in connection with Obra P.S. Case No. 41 of 2015 registered for the offence punishable under Section 302/34 of the Indian Penal Code.
Allegedly, Sanju Devi, the sister of the informant was married to Rajesh Goswani, son of petitioner no. 2 in the year 2007 and on some pretext or other, she was being assaulted and tortured by the petitioners and other in-laws including the husband for which earlier case was also lodged but she was killed by the petitioners and other in-laws including the husband after
Patna High Court Cr.Misc. No.2407 of 2016 (3) dt.15-03-2016 2/3 assaulting her with hard and blunt weapon.
Submission is of false implication and that in this case the husband is already in custody, the mother-in-law of the deceased has already been allowed pre-arrest bail and in similar allegation the petitioners who are Devar and father-in-law, are suffering in custody since 30.11.2015, having no criminal antecedent, deserve sympathetic consideration to which the learned A.P.P. duly assisted by the learned counsel for the informant opposes by submitting that multiple injuries have been found on the person of the deceased.
In the facts and circumstances stated above, considering that during investigation the thrust of accusation is against the husband of the deceased which find support from the statement of son of deceased vide para 10 of the case diary and, as such, the petitioners, above named, are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Daudnager, Distt. Aurangabad in connection with Obra P.S. Case No. 41 of 2015, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the
Patna High Court Cr.Misc. No.2407 of 2016 (3) dt.15-03-2016 3/3 petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail. (Jitendra Mohan Sharma, J) sushma/- U T