Banti Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28273 of 2021 Arising Out of PS. Case No.-308 Year-2020 Thana- KESARIA District- East Champaran ====================================================== 1.

BANTI BAITHA S/O LATE RAM PRASAD BAITHA R/o village- Rajpur Lala Tola, P.S.- Kesariya, District- East Champaran 2.

Lalmati Devi W/o Banti Baitha R/o village- Rajpur Lala Tola, P.S.- Kesariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-10-2021 Heard the parties.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, office will place the matter before the Bench. The petitioners seek bail in connection with Keasriya P.S. Case No.308 of 2020, G.R. Case No.5626 of 2020, registered for the offence punishable under Sections 341, 326, 307, 120B/34 of the IPC and later section 304(B) was added. Allegation against the petitioners is that they along with other accused have killed the daughter of the informant by setting fire due to non-fulfillment of demand of dowry. Petitioners are the in-laws of the informant's daughter.

Patna High Court CR. MISC. No.28273 of 2021(3) dt.28-10-2021 2/2 It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have not committed any offence as alleged in the FIR. No offence as alleged has ever taken place. They have been falsely implicated in this case. Petitioners are father-in-law and mother-in-law of the deceased. The husband is in custody. There is no specific allegation against the petitioners. The petitioners have no criminal antecedent and petitioner no.1 is in custody since 07.10.2020 and petitioner no.2 is in custody since 11.10.2020. Learned APP for the State opposed the prayer for bail.

Considering the facts and circumstances of this case, since husband of the deceased is already in custody, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, District Champaran in connection with Keasriya P.S. Case No.308 of 2020, G.R. Case No.5626 of 2020.

(Anjani Kumar Sharan, J) pallavi/- U T