Sarabjeet Pal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.23700 of 2021 Arising Out of PS. Case No.-125 Year-2019 Thana- CHAORI District- Bhojpur ====================================================== SARABJEET PAL, Son of Late Sheo Das Bhagat, Resident of Village - Berath, P.S.- Chauri, Distt.- Bhojpur, Ara.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajendra Singh, Advocate Ms. Malti Kumari, Advocate For the Opposite Party/s :
Mr.Akhileshwar Dayal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-09-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Akhileshwar Dayal, learned A.P.P. for the State. Petitioner in the present case is seeking regular bail in connection with Chauri P.S. Case No. 125 of 2019 corresponding to G.R. No. 3515 of 2019 registered for the offence punishable under Section 304(B), 201/34 of the Indian Penal Code. He is in custody since 15.03.2020. As per the prosecution story, marriage between the niece of the informant and the son of this petitioner had been solemnized on 06.05.2017. It is alleged that after marriage the
Patna High Court CR. MISC. No.23700 of 2021(2) dt.04-09-2021 2/3 Sasural people were demanding a motorcycle, golden chain and cash of Rs. 20,000/-. It is then alleged that all the five named accused in the F.I.R. have killed the niece of the informant by torturing her due to non-fulfillment of demand of dowry and her dead body was burnt which came to the notice of the informant later on.
Learned counsel for the petitioner submits that so far as this petitioner is concerned, he happens to be father-in-law of the deceased and he is living separately in mess and business and after marriage till her death there was no complaint against the petitioner.
Learned counsel submits that the petitioner has remained in custody for about one and half year. The husband of the deceased is already in judicial custody.
Mr. Akhileshwar Dayal, learned A.P.P. for the State has though opposed the prayer for regular bail of the petitioner but considering the facts and circumstances of the case, whrein this petitioner is father-in-law of the deceased, there is no specific allegation against him save and except that all the accused are named in the F.I.R. and general allegations have been made against them, he has remained in custody for over one and half year, investigation against him is complete, this
Patna High Court CR. MISC. No.23700 of 2021(2) dt.04-09-2021 3/3 Court directs release of the petitioner above named on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of Smt. Suman Kumari, learned Judicial Magistrate First Class, Bhojpur at Ara in connection with Chauri P.S. Case No. 125 of 2019 corresponding to G.R. No. 3515 of 2019, subject to the condition as laid down under Section 437 (3) Cr.P.C.
And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajeev Ranjan Prasad, J) vats/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.