Subh Narayain Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17274 of 2016 Arising Out of PS.Case No. -258 Year- 2014 Thana -MASRAKH District- SARAN ====================================================== Subh Narayain Rai Son of late Yamuna Rai Resident of Village- Sikati Bhikhm, PS Mashrak, Distt Saran.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-06-2016 Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.
The petitioner seeks bail in connection with Mashrakh P.S. Case No. 258 of 2014 registered for the offence punishable under Section 364/34 of the Indian Penal Code. Meera Devi, the daughter of the informant, was married to Santosh Rai, the son of the petitioner, and out of the wedlock there are one daughter aged 8 years and two sons aged 6 and 3 years and allegedly, she was being tortured by her husband and other in-laws including the petitioner and ultimately, she was kidnapped by them only with a view to kill
Patna High Court Cr.Misc. No.17274 of 2016 (3) dt.23-06-2016 2/3 her.
Submission is of false implication and that the petitioner is old father-in-law, he is living separately since long from co-accused Santosh Rai, the husband of the victim, is already in custody and the petitioner is suffering in custody since 07.04.2015. There is no eye-witness of the occurrence. Learned A.P.P. submits that later on, during investigation the dead body of the daughter of the informant was recovered which was thrown in the water.
In the facts and circumstances stated above, considering that the petitioner is father-in-law, charge-sheet has already been submitted and there is no chance of tampering with the prosecution evidence and, as such, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 8th, Saran, Chapra in connection with Mashrakh P.S. Case No. 258 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner
Patna High Court Cr.Misc. No.17274 of 2016 (3) dt.23-06-2016 3/3 shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) ajaypd./- U T