Harendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15749 of 2024 Arising Out of PS. Case No.-147 Year-2023 Thana- NATWAR District- Rohtas ====================================================== 1.
Harendra Singh Son Of Dal Singar Singh @ Dev Shringar Singh Resident Of Village- Bardiha, Po- Natwar, Distt- Rohtas 2.
Rita Devi @ Reena Devi Wife Of Harendra Singh Resident Of VillageBardiha, Po- Natwar, Distt- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Choubey, Advocate For the Opposite Party/s :
Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-04-2024
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Sessions Trial no. 862 of 2023 arising out of Natwar P.S. Case no. 147 of 2023 registered under sections 304B and 34 of the Indian Penal Code.
3. As per the prosecution case, the daughter of the informant who was married to the son of the petitioners herein was tortured for non-fulfillment of demand of dowry which was by way of a motorcycle. Attempts were made to amicably settle the matter but she was ultimately killed. The informant states that he could see a black mark on her neck from which it appeared that she had been strangulated to death.
Patna High Court CR. MISC. No.15749 of 2024(3) dt.24-04-2024 2/3
4. Learned counsel for the petitioners submits that the petitioners who are the father-in-law and the mother-in-law have been falsely been implicated in the case. The husband of the deceased is in custody. Charge has been framed in the learned trial Court and the trial has commenced. The petitioners are in custody since 6.9.2023 and 4.10.2023 respectively.
5. The application for bail is opposed by learned APP for the State who submits that the petitioners who are the fatherin-law and the mother-in-law of the deceased are named in the F.I.R and in the postmortem report the cause of death is said to be asphyxia due to strangulation.
6. Having heard learned counsel for the parties and taking into consideration the general and omnibus allegation in the F.I.R, the petitioners being in custody since 6.9.2023 and 4.10.2023, the husband of the deceased being in custody and especially the fact that charge has been framed in the learned trial Court, both the petitioners are directed to be enlarged on bail in connection with Sessions Trial no. 862 of 2023 arising out of Natwar P.S. Case no. 147 of 2023, on each of them furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge- Vth, Rohtas at
Patna High Court CR. MISC. No.15749 of 2024(3) dt.24-04-2024 3/3 Sasaram on the following conditions :-
(1) The petitioners shall remain physically present in court on each date of the trial and shall cooperate in the trail.
(2) In case the petitioners are absent on any date for reasons not to the satisfaction of the learned trial Court or the learned trial Court is of the opinion that the trial is being delayed due to non-cooperation on part of the petitioners, the learned trial Court may cancel the bail bond of the petitioners and take them into the custody till conclusion of the trial. (Partha Sarthy, J) Harsh/- U T