Suraj Saw @ Suraj Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17274 of 2024 Arising Out of PS. Case No.-519 Year-2019 Thana- BARACHATTI District- Gaya ====================================================== Suraj Saw @ Suraj Sao S/o Late Vipat Saw R/o Village- Sharma Bazar, P.S.- Barachatti, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajnish Ranjan, Advocate Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-04-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Barachatti P.S. Case no.519 of 2019 registered under sections 304B and 34 of the Indian Penal Code.

3. As per the prosecution case, the sister of the informant who was married to the son of the petitioner was physically and mentally tortured and assaulted by the accused persons including the petitioner herein. She was ultimately done to death.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case because of his being the father-in-law of the deceased. The informant is admittedly not an eye witness to the occurrence. The husband of

Patna High Court CR. MISC. No.17274 of 2024(3) dt.19-04-2024 2/2 the deceased is in custody and his application for bail was rejected vide order dated 19.12.2022 passed in Cr. Misc. no.10388 of 2022. The allegations against the petitioner are general and omnibus in nature. He is in custody since 5.9.2022 and charge has been framed in the learned trial Court on 9.8.2023. He undertakes to cooperate in the trial.

5. The application for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the general and omnibus allegation against the petitioner in the FIR, the husband of the deceased being in custody, the petitioner having remained in custody for more than 1 year 7 months since 5.9.2022 and charge having been framed in the learned trial Court, the petitioner is directed to be enlarged on bail in connection with Barachatti P.S Case no. 519 of 2019 on 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 and Sessions Judge, Sherghati, Gaya.

(Partha Sarthy, J) Shiv/- U T