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Patna High CourtCR. MISC./19934/2021allowed

Heera Kumar Poddar @ Hira Poddar v. The State Of Bihar

2021-08-31Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19934 of 2021 Arising Out of PS. Case No.-33 Year-2020 Thana- BAHERI District- Darbhanga ====================================================== 1.

HEERA KUMAR PODDAR @ HIRA PODDAR Son of Dayanand Poddar R/o Village- Baligaon, P.S.- Baheri, District- Darbhanga. 2.

Devan Poddar @ Devan Kumar Son of Dayanand Podar R/o VillageBaligaon, P.S.- Baheri, District- Darbhanga. 3.

Soman Poddar @ Sobhan Kumar Son of Dayanand Poddar R/o VillageBaligaon, P.S.- Baheri, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2021 Heard the parties through virtual court proceedings. Learned counsel for the petitioners undertake to remove the defects within three weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners seek bail in a case registered for the offence punishable under Sections 304B of the Indian Penal Code.

The allegation against the petitioners is that they in association of other co-accused are said to have tortured the

Patna High Court CR. MISC. No.19934 of 2021(2) dt.31-08-2021 2/3 sister of the informant and they also poured kerosin oil and set ablaze her on non-fulfillment of demand of dowry. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He submits that the petitioners are in-laws of the deceased and the husband of the deceased is in custody. As a matter of fact, this is a case of purely accident in which the unfortunate incident occurred and soon after the occurrence, she was rushed for treatment by the family members of the petitioners but she could not be saved. He further submits that petitioners have no criminal antecedent and petitioner no. 1 is in custody since 11.08.2020 and petitioner nos. 2 and 3 are languishing in judicial custody since 19.09.2020.

Considering the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Baheri P.S. Case No. 33 of 2020. (Anjani Kumar Sharan, J) devendra/- U T

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