Bijay Bind And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63713 of 2018 Arising Out of PS. Case No.-467 Year-2016 Thana- MASAUDHI District- Patna ====================================================== 1.

Bijay Bind Son of Late Mahendra Bind.

2.

Upendra Bind, Son of Late Ramuni Bind @ Sipujan Bind. 3.

Indal Bind, son of Mahendra Bind.

4.

Girja Bind, Son of Late Ramuni Bind @ Sipujan Bind. All are Resident of Village- Nisiyawan, P.S. Masaurhi, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha For the Opposite Party/s :

Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-10-2018 Heard learned counsel for the parties.

Petitioners seeks bail in Masaurhi P.S. Case No. 467 of 2016 registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.

Informant who is father of the victim has alleged that he married his daughter to Pokhan Bind and thereafter she was being subjected to torture by Pokhan Bind and on 01.11.2016 he came to know that his daughter was killed by Pokhan Bind in collusion with the petitioners.

It has been submitted on behalf of the petitioners that petitioner nos. 1 and 3 are Brother-in-Law and petitioner nos. 2 and 4 are Cousin Father-in-Law of the deceased. It has been further submitted that petitioners reside separately and are not related with the affairs of Pokhan Bind (husband of the

Patna High Court Cr.Misc. No.63713 of 2018(2) dt.29-10-2018 2/2 deceased). There is general and omnibus allegation against all. Petitioners have got no criminal antecedent. Petitioner nos. 1, 2 and 4 are in custody since 25.05.2018 and petitioner no. 3 is in custody since 08.06.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate-Masaurhi, in connection with Masaurhi P.S. Case No. 467 of 2016, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be present on each and every date fixed by the court.

(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) ranjan/- U