Bhuto Rishideo v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56458 of 2015 Arising Out of PS.Case No. -15 Year- 2015 Thana -BARHARA District- PURNIA ======================================================

1. Bhuto Rishideo, Son of Late Prasadi Rishideo, resident of VillageChikani Musahari, P.S.- Barhara, District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Tarni Rishideo Son of Late Mangal Rishideo, resident of VillageGauripur Parsa, P.S.- Barhara (Raghubansh Nagar), District- Purnea. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. Binod Kumar 3 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 302 and 201/34 of the Indian Penal Code.

In the First Information Report there is an allegation of demand of dowry and ultimately death of the victim. During investigation body was recovered covered in earth and it was found that she died on account of strangulation. Blood was oozing out from the mouth. Petitioner is father-in-law of the deceased.

Learned counsel for the petitioner has relied on paragraph 13 of the case diary the statement of the witness Budhni Devi. As per petitioner, she is daughter-in-law of Uncle of the deceased but the deceased gave a call to her

Patna High Court Cr.Misc. No.56458 of 2015 (3) dt.05-02-2016 Bhabhi, Manjula Devi, and handed over breakfast for her mother and she went to the house of her husband. She has further stated that she met with the villagers who informed that husband and wife did not return to the village but one person has informed that in the previous night she was already killed and body has been buried in a pond covered with the earth. He further submits that petitioner is father-in-law and he is in jail since 24.3.2015.

Looking to the period of custody and nature of relationship, let petitioner, Bhuto Rishideo, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, Purnea in connection with Barhara P.S. Case No. 15 of 2015, subject to the condition that petitioner would participate in the court proceeding and in the event of being absent on two consecutive dates, the court below will be at liberty to cancel the bail bonds of the petitioner.

Vinay/- (Shivaji Pandey, J) U T