Brajesh Sharma @ Brajesh Prasad Singh @ Brajesh Singh @ Brajesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30712 of 2024 Arising Out of PS. Case No.-914 Year-2023 Thana- BODHGAYA District- Gaya ====================================================== Brajesh Sharma @ Brajesh Prasad Singh @ Brajesh Singh @ Brajesh Kumar Singh son of Late Chandeshwar Singh Village- Bhadseni Ps- Hisua DistNawada P/A- Vastu Vihar Phase-5, Ps- Bodh Gaya Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surendra Kumar Singh, Sr. Advocate Mr. Praveen Prakash, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-07-2024 Heard Mr. Surendra Kumar Singh, learned Senior Counsel for the petitioner and the State.
2. The petitioner is an accused in connection with Bodh-Gaya P.S. Case No. 914 of 2023 registered for the offences under sections 304B, 201 and 34 of the Indian Penal Code lodged on 11.12.2023 by the informant, Geeta Devi.
3. As per the prosecution story, the informant alleged that the victim lady was married in the year 2021 with Navneet Kumar (son of the petitioner) but was always tortured for dowry and later came to know about her killing by strangulation. Accordingly, the F.I.R.
4. Learned Senior Counsel for the petitioner submits that he is the father-in-law, living separately, have no role to
Patna High Court CR. MISC. No.30712 of 2024(3) dt.26-07-2024 2/3 play in the matter and further he has got information that his son (husband of the victim lady) is in custody. The last submission is that he is in jail since 12.12.2023 (as stated in paragraph 11 of the bail application).
5. Learned APP for the State, on the other hand, opposes the prayer for bail submitting that allegation of torture is against this petitioner also.
6. Considering the aforesaid submissions as also that he is an aged person, no criminal antecedent, he is in custody since 12.12.2023, he is father-in-law, as per the statement made by the learned Senior Counsel the husband is in custody, this Court is inclined to extend him privilege of bail.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousands only) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Bodh-Gaya P.S. Case No. 914 of 2023, subject to the following conditions-: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner 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.30712 of 2024(3) dt.26-07-2024 3/3 dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
(iii) the petitioner 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 his bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/- U T