Vimal Sah @ Lal Babu Kanu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39396 of 2021 Arising Out of PS. Case No.-18 Year-2021 Thana- KORANSARAI District- Buxar ====================================================== 1.

VIMAL SAH @ LAL BABU KANU S/O KAMTA PRASAD @ KAMTA SAH R/o village- Kanjharuan, P.S.- Koran Sarai, District- Buxar 2.

CHANDAN GUPTA @ NAVIN KUMAR S/O KAMTA PRASAD @ KAMTA SAH R/o village- Kanjharuan, P.S.- Koran Sarai, District- Buxar ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr. Anil Kumar Roy, Adv.

Mr. A.L. Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-04-2022 Heard the parties.

Petitioners seek regular bail in connection with Koran Sarai PS Case No. 18 of 2021 registered under Sections 304(B) / 34 of the I.P.C.

The allegation against the petitioners is that they along with other accused persons demanded dowry from the informant's daughter and due to non fulfillment of the same the accused persons killed the daughter of the informant. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case on the basis of general and omnibus allegation and petitioner no. 1 is the elder brother- in- law of the deceased and petitioner no. 2 is

Patna High Court CR. MISC. No.39396 of 2021(3) dt.11-04-2022 2/3 Devar of the deceased. He further submits that petitioners being the brothers of the deceased's husband were not concern with the family affairs of the deceased and the deceased has committed suicide after hanging herself with a fan due to some dispute with her husband.

On the other hand, learned counsel for the informant submits that within three (03) months of marriage the deceased has died in her matrimonial home in unnatural condition, there is allegation of demand of dowry as such the nature of death is immaterial at this stage for the purpose of consideration of bail application of the petitioners.

Regards being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioners are in custody since 27/02/2021 and 18/05/2021 respectively, the allegation against them are general and omnibus in nature and they are brothers -in- law of the deceased , as such, I am inclined to grant regular bail to the petitioners.

Let the petitioners, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of Sri Ranjan Kumar Singh, Judicial Magistrate -Ist

Patna High Court CR. MISC. No.39396 of 2021(3) dt.11-04-2022 3/3 Class, Buxar in connection with Koran Sarai P.S. Case No. 18 of 2021 on the following condition:- (a) that the petitioners shall remain present on each and every date during the course of trial and in case of default on two consecutive dates on the part of the petitioners, their bail bond shall liable to be cancelled.

(Anil Kumar Sinha, J) praful/- U