Chotelal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4225 of 2020 Arising Out of PS. Case No.-113 Year-2019 Thana- KATHAIYA District- Muzaffarpur ====================================================== 1.

Chotelal Rai aged about 65 years, Male, S/o Late Bujhanwan Rai 2.

Tetari Devi @ Tetri Devi aged about 60 years, Female, W/o Chotelal Rai Both R/o village- Aswari, P.S.- Kathaiya, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nachiketa Jha For the Opposite Party/s :

Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

24-01-2020 Heard learned counsel for the parties.

The petitioners seek bail in Kathaiya (Kathiya) P.S. Case No. 113 of 2019 registered for the offence under Sections 304B, 201/34 of the Indian Penal Code.

It is case of dowry death of married sister of the informant due to non-fulfillment of demand of dowry and petitioners are father-in-law & mother-in-law of the deceased respectively.

It is submitted on behalf of petitioners that petitioners have falsely been implicated in this cases, since they have been living separately from the husband of deceased since the year 2013. There is general and omnibus allegation. The husband of the deceased is already in custody. It is further submitted that petitioner no. 1 is aged about 65 years and petitioner no. 2 is

Patna High Court CR. MISC. No.4225 of 2020(2) dt.24-01-2020 2/2 aged about 60 years and they are in custody since 13-07-2019. In this case, chargesheet has already been submitted. Considering the aforesaid facts and circumstances as well as nature of accusation, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Muzaffarpur in connection with Kathaiya (Kathiya) P.S. Case No. 113 of 2019 on the following conditions:

"(1) Petitioners shall cooperate 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 the Court and on their absence on two consecutive dates without sufficient reason, their bail-bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T