Chhedi Durbey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28220 of 2019 Arising Out of PS. Case No.-134 Year-2018 Thana- KATORIYA District- Banka ====================================================== Chhedi Durbey Son of Late Darogi Durbey Resident of Village- Durbeypatti, P.S.- Katoria, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with S.T. No. 32 of 2019 (arising out of Katoria P.S. Case No. 134 of 2018) registered for the offence under Sections 328 and 304/34 of the Indian Penal Code.

The allegation as per the FIR alleged by the informant is that a year back his daughter was married to Santosh Durbey. Soon after the marriage her family members including her husband and the petitioner started torturing and lastly they killed her.

It is submitted by learned counsel for the petitioner that the allegations are general and omnibus in nature. The petitioner happens to be elder cousin brother of the husband of the deceased. It is further submitted that the mother-in-law and

Patna High Court CR. MISC. No.28220 of 2019(4) dt.05-07-2019 2/2 father-in-law of the deceased have been enlarged on bail vide order dated 21.01.2019 passed in Cr. Misc. No. 759 of 2019, a copy of which has been brought on record as Annexure-3 to the application. He has no criminal antecedent and is in custody since 13.11.2018.

The application for bail is opposed by the learned APP for the State.

Having heard the learned counsel for the parties and considering the fact that allegations against the petitioner as narrated in the fard-e-beyan as also in the paragraphs of the case diary referred in the order of the Sessions Judge, Banka together with the fact that the mother-in-law and father-in-law of the deceased have been enlarged on bail, this Court is inclined to grant bail to the petitioner. The above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Banka in connection with S.T. No. 32 of 2019 arising out of Katoria P.S. case No. 134 of 2018.

(Partha Sarthy, J) Sushma/- U T