Bachan Pasi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35884 of 2021 Arising Out of PS. Case No.-296 Year-2020 Thana- NAWANAGAR District- Buxar ====================================================== BACHAN PASI Son of Late Banjhu Pasi Resident of Village - Mahadevganj, P.S.- Nawanagar, Distt.- Buxar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghunandan Kumar Singh For the Opposite Party/s :
Ms. Pushpa Sinha No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-01-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Sessions Trial No. 20 of 2021, arising out of Nawanagar Police Station Case No. 296 of 2020, registered for the offences punishable under Sections 304-B/328/34 of the Indian Penal Code.
The prosecution case, as per the First Information Report, is that the sister of the informant was married to one Dhanjee Pasi, son of the petitioner and she was blessed with two children. However, the petitioner, including other accused persons used to torture and harass her for non-fulfillment of the demand of dowry and on 19.08.2020, the accused persons killed the sister of the informant by administering her poison.
Patna High Court CR. MISC. No.35884 of 2021(2) dt.06-01-2022 2/3 Learned Counsel for the petitioner submits that the petitioner is the old aged father-in-law of the deceased and he has not committed any offence in the manner alleged. He further submits that the First Information Report was lodged on 20.08.2020 and on the same date, the petitioner has been arrested from his house; whereas it is mentioned in the First Information Report that all the family members fled away after the death of the deceased. He further submits that the deceased was suffering from some ailment and was under depression, due to which she consumed poison. He further submits that the petitioner is in custody since 21.08.2020 and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.
Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the nature of allegation and the fact that the petitioner, who is the father-in-law of the deceased, is in custody since 21.08.2020 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.
This application is, accordingly, allowed.
Let the petitioner, above named, be released on bail
Patna High Court CR. MISC. No.35884 of 2021(2) dt.06-01-2022 3/3 on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Buxar, in connection with Sessions Trial No. 20 of 2021, arising out of Nawanagar Police Station Case No. 296 of 2020.
This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √