Yogi Saw @ Jogi Saw v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24887 of 2024 Arising Out of PS. Case No.-210 Year-2023 Thana- CHANDRADIP District- Jamui ====================================================== 1.
YOGI SAW @ JOGI SAW S/O LATE ARJUN SAW R/O VILLAGEBHALUANA, P.S- CHANDRADEEP, DISTT.- JAMUI. 2.
MURARI KUMAR S/O YOGI SAW R/O VILLAGE- BHALUANA, P.SCHANDRADEEP, DISTT.- JAMUI. ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Shekhar Anand, Advocate For the Opposite Party/s :
Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-05-2024 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Chandradeep P.S. Case No. 210 of 2023 for the offence under sections 304(B)/34 of the I.P.C. lodged on 25.10.2023 by the informant, Mitthu Saw.
3. As per the prosecution story, the informant alleged that he got his daughter married to one Arvind Saw, son of petitioner no. 1 in the year 2022 but she was tortured for dowry and on 25.10.2023, they came to know that she has been killed. Accordingly, the FIR.
4. Learned counsel for the petitioners submit that she died natural death by falling from the stairs but the same has
Patna High Court CR. MISC. No.24887 of 2024(2) dt.01-05-2024 2/3 been given the color of killing. Further, the husband is in judicial custody (as stated in paragraph 13 of the petition) and the two petitioners herein are father-in-law and brother-in-law (Devar).
5. Learned APP opposes the prayer.
6. Taking into account the fact that the husband is in custody, the petitioners are father-in-law and brother-in-law, do not have criminal antecedent, FIR lodged and will be facing the trial, this Court is inclined to extend them the privilege of anticipatory bail with conditions.
7. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned A.C.J.M.-I, Jamui, in connection with Chandradeep P.S. Case No. 210 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive
Patna High Court CR. MISC. No.24887 of 2024(2) dt.01-05-2024 3/3 dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) kiran/- U T