Vijay Kant Sahu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19121 of 2022 Arising Out of PS. Case No.-488 Year-2021 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.
VIJAY KANT SAHU Son of Ram Binod Sahu Resident of Village - Andhari, P.s.- Sadar (Bhalpatti O.P), Distt.- Darbhanga. 2.
Pintu Sahu Son of Ram Binod Sahu Resident of Village - Andhari, P.s.- Sadar (Bhalpatti O.P), Distt.- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 27873 of 2022 Arising Out of PS. Case No.-488 Year-2021 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.
RAM BINOD SAHU Son of Late Saryug Sahu R/V - Andhari, P.S.- Sadar (Bhalpatti O.P.), District - Darbhanga 2.
Samatola Devi Wife of Ram Binod Sahu R/V - Andhari, P.S.- Sadar (Bhalpatti O.P.), District - Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 19121 of 2022) For the Petitioner/s :
Mr. Ajay Kumar For the Opposite Party/s :
Mr. Awadhesh Kumar Singh (In CRIMINAL MISCELLANEOUS No. 27873 of 2022) For the Petitioner/s :
Mr. Ajay Kumar For the Opposite Party/s :
Mr. Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-12-2022 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners have preferred this application for
Patna High Court CR. MISC. No.19121 of 2022(4) dt.22-12-2022 2/3 grant of regular bail in a case registered under sections 304B, 498A and 34 of the Indian Penal Code.
As per the prosecution case, the daughter of the informant was married to one Sintu Sahu. It is further stated that the accused persons including the four petitioners herein tortured and assaulted the informant's daughter for nonfulfillment of demand of dowry and ultimately she was burn to death by pouring kerosene oil.
It is submitted by learned counsel for the petitioners that the petitioners who happen to be the two brother-in-laws, father-in-law and mother-in-law have been falsely implicated in this case because of their relationship. They have no concern with the family affairs of Sintu Sahu, the husband of the deceased. The husband of the deceased is in custody which would be evident from Paragraph no. 35 of the case diary. Petitioners are in custody since 9.2.2022, 9.2.2022, 15.12.2021 and 16.11.2021 respectively. Petitioners undertake to cooperate in the trial.
Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the relationship of the petitioners with the deceased being that of the two brother-in-laws, father-in-law
Patna High Court CR. MISC. No.19121 of 2022(4) dt.22-12-2022 3/3 and mother-in-law together with the petitioners having remained in custody since the dates as mentioned herein above and the husband of the deceased being in custody, the Court directs the above named four petitioners to be enlarged on bail in connection with Sadar P.S. Case no. 488 of 2021 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 J.M-I, Darbhanga subject to the following conditions :
(i) The petitioners shall remain properly represented in the Court on each date of the case/trial and shall cooperate in the trial.
(ii) In case the learned trial Court is of the opinion that the trial is being delayed due to non-cooperation on part of the petitioners, the learned Trial Court may cancel the bail bond of the petitioners and take them into custody till conclusion of the trial.
(Partha Sarthy, J) Prakash/- U T