Sanjay Bind @ Sanjay Kumar Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7564 of 2024 Arising Out of PS. Case No.-200 Year-2023 Thana- CHAND District- Kaimur (Bhabua) ====================================================== 1.
Sanjay Bind @ Sanjay Kumar Bind S/o Arjun Bind R/o Village - Ruiyan, P.S. - Durgawati, Dist. - Kaimur (Bhabhua) 2.
Lakshmina Devi W/o Sanjay Bind R/o Village - Ruiyan, P.S. - Durgawati, Dist. - Kaimur (Bhabhua) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alka Singh, Advocate For the Opposite Party/s :
Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-02-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Chand P.S. Case No. 200 of 2023 registered under Sections 304B/34 of the Indian Penal Code lodged on 11.10.2023 by the informant, Shivchandra Prasad Bind.
3. As per the prosecution story, Laxmi Devi, niece of the informant was married to Prakash Bind in the year 2021 but was always tortured for dowry and later for his nonfulfillment, the allegation is that she was killed.
4. Learned counsel for the petitioners submit that they are brother-in-law and sister-in-law, living separately from them
Patna High Court CR. MISC. No.7564 of 2024(2) dt.17-02-2024 2/3 having no concern with the couple and have been dragged them only because of the relationship.
5. Learned APP for the State opposes the prayer for bail.
6. Taking into account the aforesaid facts as also that they are brother-in-law and sister-in-law, do not have criminal antecedent and the main allegation is against her husband, this Court is inclined to grant them privilege of bail.
7. Let the petitioners, in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhabua, Kaimur in connection with Chand P.S. Case No. 200 of 2023, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their
Patna High Court CR. MISC. No.7564 of 2024(2) dt.17-02-2024 3/3 bail bond by the Trial court itself;
(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of their bail bonds;
(iv) the petitioners shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/- U