Baijnath Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30388 of 2021 Arising Out of PS. Case No.-234 Year-2020 Thana- LADANIA District- Madhubani ====================================================== 1.
Baijnath Mishra Son Of Late Chandrakant Mishra Resident of Village - Padma, P.S.- Ladniya, Distt.- Madhubani.
2.
Amarkala Devi W/O Baijnath Mishra Resident of Village - Padma, P.S.- Ladniya, Distt.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Vaishnavi Singh For the Opposite Party/s :
Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-08-2021 Heard learned counsel for the parties through video conferencing.
The petitioners seek bail in Ladania P.S. Case No. 234 of 2020, registered for the offence under Sections 341, 323, 328, 302, 304(B) / 34 of the Indian Penal Code.
As per the prosecution case, these petitioners alongwith other co-accused are alleged to have killed the daughter of the informant due to non-fulfillment of demand of dowry.
Petitioner no. 1 is father-in-law and petitioner no. 2 is mother-in-law of the deceased and there is general and omnibus allegation against them. Petitioners live separately and have got no concern with the family affairs of deceased and her husband. The husband of the deceased is already in judicial custody and
Patna High Court CR. MISC. No.30388 of 2021(2) dt.21-08-2021 2/2 petitioners are in custody since 17.11.2020 and 18.12.2020 respectively.
Learned A.P.P. for the State has opposed the bail petition.
Considering the aforesaid facts and circumstances, the bail petition of petitioners is allowed. Let the above named petitioners be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Madhubani in connection with Ladania P.S. Case No. 234 of 2020, on the following conditions:
"(1) Petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on their absence on two consecutive dates without sufficient reason, their bail-bond shall be cancelled by the court below.
(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."
(Prabhat Kumar Singh, J.) anay U T