Kachahari Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21484 of 2024 Arising Out of PS. Case No.-417 Year-2023 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== 1.
Kachahari Bind, Son of Late Jhagaru Bind, R/o Village- Baijnathpur, P.S.- Kudra, District- Kaimur At Bhabua 2.
Chankumari Devi @ Chan Kumari Devi, Wife of Kachahari Bind, R/o Village- Baijnathpur, P.S.-Kudra, District- Kaimura At Bhabua ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :
Mr. Umanath Mishra, APP Mr. Kumar Sunil, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-04-2024
1. Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant.
2. The petitioners have preferred this application for grant of regular bail in connection with Kudra P.S. Case no. 417 of 2023 registered under sections 302, 304B and 34 of the Indian Penal Code.
3. As per the prosecution case, the daughter of the informant was married to the son the petitioners herein. It is stated that soon after the marriage, the husband of informant's daughter as also their family members which included the petitioners herein started to torture the informant's daughter and she was ultimately killed.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.21484 of 2024(2) dt.04-04-2024 2/3 petitioners have been falsely implicated in the case only for the reason of their being the father-in-law and mother-in-law of the deceased. There is admittedly no eye witness to the occurrence. The husband of the deceased is in custody. The petitioners are in custody since 26.11.2023 and have no criminal antecedent. Charge-sheet has been submitted in the case.
5. The application for bail is opposed by learned APP for the State and learned counsel for the informant. Learned counsel for the informant submits that not only the petitioners, who are the father-in-law and mother-in-law of the deceased, are named in the FIR but there is direct allegation against them that they along with the husband of the deceased tortured the informant's daughter and ultimately killed her. Referring to the contents of the order of the trial Court it is submitted that even the postmortem report mentions several ante-mortem injuries caused by hard and blunt object.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R against the petitioners, their being the father-in-law and mother-in-law of the deceased, the husband of the deceased being in custody, the petitioners having remained in custody for 4 months since 26.11.2023 and charge-sheet having been submitted in the case,
Patna High Court CR. MISC. No.21484 of 2024(2) dt.04-04-2024 3/3 both the petitioners are directed to be enlarged on bail in connection with Kudra P.S. Case no. 417 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 Judicial Magistrate Ist Class, SubDivisional Court, Mohania, Kaimur at Bhabua. (Partha Sarthy, J) avinash/- U T