Kailash Das And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5244 of 2019 Arising Out of PS. Case No.-161 Year-2018 Thana- SAKRI District- Madhubani ====================================================== 1.
Kailash Das, (Male), aged about 65 years, son of Late Heera Das. 2.
Bholi Devi (Female) aged about 62 years, wife of Kailash Das Both Resident of village-Purani Bazar Sakri Lauwa Kothi, P.S.-Sakri, District -Madhubani ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ratanakar Jha, Adv.
For the Opposite Party/s :
Mr.Atul Chandra (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-02-2019 Heard learned counsel for petitioners and learned counsel for the State.
Petitioners, who are in custody, seek bail in connection with Sakri P.S. Case No. 161 of 2018 ( CRI No. 2212 of 2018) registered for the offences punishable under Section 304(B)/34 of the Indian Penal Code.
Allegation against petitioners including all FIR named accused persons is of killing the daughter of the informant for non-fulfillment of demand of dowry by pressing her neck.
It has been submitted on behalf of the petitioners
Patna High Court CR. MISC. No.5244 of 2019(3) dt.28-02-2019 2/3 that they are innocent and have committed no offence. They have been falsely implicated in this case. Petitioners are fatherin-law and mother-in-law of the deceased and they were living separate with the deceased and her husband. Petitioners are in custody since 04.11.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon 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., Madhubani, in connection with Sakri P.S. Case No. 161 of 2018 (CRI Case No. 2212 of 2018), subject to conditions:
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners shall co-operate 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 Court and their absence on two consecutive dates without sufficient reasons, their bail bond shall be cancelled by the court below.
(3) If the petitioners tampers with the evidence or the
Patna High Court CR. MISC. No.5244 of 2019(3) dt.28-02-2019 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(S. Kumar, J) Rajiv/- U T