Sudhir Verma And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.12004 of 2017 (2) dt.27-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12004 of 2017 Arising Out of PS.Case No. -322 Year- 2016 Thana -BARARI District- KATIHAR ======================================================

1. Sudhir Verma, Son of Natho Prasad Verma

2. Pratima Devi, Wife of Sudhir Verma, Both are Resident of Village- Kaver Mushari Tola, P.S.- Barari (Semapur O.P.), District- Katihar.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Md. Musowir For the Opposite Party/s : Mr. Sri Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-03-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

Supplementary affidavit has been filed on behalf of the petitioners. Let it be taken on record.

Petitioners seek bail in connection with Barari P.S. Case No. 322 of 2016 registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

Komal Devi, the daughter of the informant, was married to Sanjay Verma, the son of the petitioners, one and half years ago and the in-laws used to assault and torture her. On 30.11.2016 at 4:00 p.m. the informant received information that his daughter has been hanged and then the informant went there and saw his daughter dead. Submission is of false implication and that the petitioners are old father-in-law and mother-in-law, they are living separately since long having no concern with the deceased or her husband. There was some

Patna High Court Cr.Misc. No.12004 of 2017 (2) dt.27-03-2017 dispute between the husband and wife, resulting, the deceased committed suicide. The husband is already in custody and as such the petitioners who are suffering in custody since 01.12.2016 deserve sympathetic consideration.

Learned APP duly assisted by learned counsel for the informant opposes the prayer of bail by submitting that the petitioners are also named in the FIR.

In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence and further there is no specific allegation against the petitioners, the petitioners above named are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -V, Katihar in connection with Barari (Semapur O.P.) P.S. Case No. 322 of 2016, 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 petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T