Bajrangi @ Suman Jaisawal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13187 of 2022 Arising Out of PS. Case No.-346 Year-2021 Thana- FALKA District- Katihar ====================================================== Bajrangi @ Suman Jaisawal Son Of Baijnath Bhagat @ Bauku Bhagat Resident Of Village - Phoolodobhi, P.S. - Falka, District - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-08-2022 Heard learned counsel for the petitioner, learned A.P.P for the State and learned counsel for the informant. Let the defect (s), as pointed out by the office, be removed within a period of four weeks form today. The petitioner seeks bail in connection with a case registered for the offences punishable under Sections 304(B), 328 and 120(B)/34 of the Indian Penal Code.

As per the prosecution case, informant alleges that after marriage of her daughter with Bajrangi @ Suman Jisawal (petitioner), her in-laws and the petitioner always used to torture physically and verbally and abused for dowry. Due to nonfulfillment of the dowry, the in-laws including the petitioner killed the deceased by giving her poison.

Patna High Court CR. MISC. No.13187 of 2022(3) dt.17-08-2022 2/3 Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the husband of the deceased along with other five accused were exonerated. During investigation, the investigating officer has not found the case true under section 304(B) and he filed charge-sheet under Section 306 of Indian Penal Code. It is further submitted that the petitioner was married with the daughter of the informant about nine years back and cordial relationship between them and they have one son and two daughters. During the course of investigation, deceased's son Saksham Kumar and daughter Miss L.S.

Jaiswal stated that on the date of occurrence, their mother has some altercation with his father for a dress (frock) which his father has bought for his niece, which lead to his mother consume poison and his father (petitioner) tried his best to save her but she couldn't survive. Further, it is submitted that the petitioner is in custody since 10.10.2021 and he is a person with clean antecedent and charge-sheet has been submitted in the case. Learned A.P.P for the State and learned counsel for the informant oppose the prayer for regular bail of the petitioner. Learned counsel for the informant argued that the Viscera report is kept pending and till date, no report was placed on record.

Patna High Court CR. MISC. No.13187 of 2022(3) dt.17-08-2022 3/3 Hence, the petitioner is not entitled grant of regular bail. Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-III, Katihar in connection with Falka P.S. Case No. 346 of 2021.

(Khatim Reza, J) shanu/- U T