Nandlal Bhuiyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23697 of 2024 Arising Out of PS. Case No.-43 Year-2023 Thana- SUHAIL District- Gaya ====================================================== Nandlal Bhuiyan Son Of Saryu Bhuiyan R/O-Biraj Tola, Bhui Dohari, P.S.- Sohail, Distt.-Gaya ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudhir Kumar Sinha, Adv.
For the Opposite Party/s :
Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Sohail P.S. Case No. 43 of 2023 dated 03.09.2023 registered for the offences punishable u/ss 302, 328 read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, the marriage of the informant's sister was solemnized with the petitioner in the year 2012. Out of said wedlock, no child was born to his sister due to this reason, all the in-laws family members used to abuse and assault his sister. On 29.08.2023, the petitioner and the coaccused persons killed the informant's sister by administering
Patna High Court CR. MISC. No.23697 of 2024(4) dt.21-08-2024 2/3 poison to her.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The occurrence took place on 29.08.2023 but the F.I.R. was lodged on 03.09.2023 and there is no explanation for this delay. Learned counsel has further submitted that the deceased had committed suicide due to depression. Learned counsel has further submitted that the petitioner is the husband of the deceased and he has no concern with the alleged offence. The charge-sheet has already been submitted against the petitioner for the offence under Section 306 and 34 of the Indian Penal Code. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.09.2023.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the petitioner is the husband of the deceased.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court
Patna High Court CR. MISC. No.23697 of 2024(4) dt.21-08-2024 3/3 concerned, Sherghati, Gaya in connection with Sohail P.S. Case No. 43 of 2023 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T