Sunaina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1897 of 2020 Arising Out of PS. Case No.-431 Year-2019 Thana- AKBARPUR District- Nawada ====================================================== 1.

SUNAINA DEVI Son of Lal Bhagat @ Gore Lall Bhagat Resident of Village - Rahimpur, P.S.- Akbarpur, Distt - Nawada. 2.

Jitan Pal @ Jitendra Son of Gaure Lal Bhagat @ Gore Lall Bhagat Resident of Village - Rahimpur, P.S.- Akbarpur, Distt - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Sen Prasad Singh For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-03-2020 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with Akbarpur PS case no. 431 of 2019 instituted for the offence punishable under Section 304(B)/34 of Indian Penal Code. The allegation is regarding the accused persons having killed the deceased victim lady on account of non-fulfilment of the demand for dowry.

The learned counsel for the petitioners has submitted that the petitioners no. 1 and 2 are the mother-in-law and brother-inlaw respectively, of the deceased victim lady and as far as the husband of the deceased victim lady is concerned, he is in custody. It is further submitted that similarly situated co-accused person has

Patna High Court CR. MISC. No.1897 of 2020(3) dt.20-03-2020 2/2 already been granted the privilege of anticipatory bail by an order dated 02.03.2020, passed in Cr. Misc. no. 3166 of 2020. It is submitted that some other co-accused persons have also been granted the privilege of regular bail vide order dated 29.02.2020, passed by a co-ordinate Bench of this Court in Cr. Misc. no. 13671 of 2020. It is further submitted that the petitioners are having clean antecedent and are languishing in custody since 22.11.2019.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners as also taking into account the parity of the case of the petitioners with those of the co-accused persons who have already been granted bail, apart from the fact that the husband of the deceased victim lady is in custody, I deem it fit and appropriate to release the abovenamed petitioners on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Nawada in connection with Akbarpur PS case no. 431 of 2019.