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Patna High CourtCR. MISC./30361/2021bail granted

Renu Devi v. The State Of Bihar

2021-10-04Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30361 of 2021 Arising Out of PS. Case No.-189 Year-2020 Thana- DULHIN BAZAR District- Patna ====================================================== 1.

Renu Devi Wife of Udal Chaudhary Resident of Village- Lala Bhadsara, P.S.- Dulhin Bazar, District- Patna.

2.

Udal Chaudhary Son of Sona Chaudhary Resident of Village- Lala Bhadsara, P.S.- Dulhin Bazar, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

04-10-2021 Heard learned counsel for the parties.

The petitioners seek bail in Dulhin Bazar P.S. Case No. 189 of 2020, registered for the offence under Sections 328, 302, 201 of the Indian Penal Code.

As per the prosecution case, daughter of the informant was married with son of petitioners in the year 2018 and it is further alleged that 05.08.2020, the son-in-law of informant, took away daughter of informant to her matrimonial home and two days thereafter, the informant received an information that her daughter and son-in-law have been killed by these petitioners, who are father-in-law and step mother-in-law respectively of the deceased.

It is submitted on behalf of petitioners that petitioners

Patna High Court CR. MISC. No.30361 of 2021(3) dt.04-10-2021 2/3 deny the prosecution case. It is further submitted that though, the alleged occurrence is said to have taken place 07.08.2020, but the F.I.R. has been lodged belatedly on 02.10.2020 without any plausible explanation of delay. During investigation, it has come that due to family feud, some altercation took place and the couple committed suicide. Moreover, the police after investigation found the case true under Section 306 and 201 of the I.P.C. Petitioners are in custody since 24.10.2020. 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, Danapur, District - Patna in connection with Dulhin Bazar P.S. Case No. 189 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

Patna High Court CR. MISC. No.30361 of 2021(3) dt.04-10-2021 3/3 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