Sarvjit Bind @ Sarvjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40109 of 2021 Arising Out of PS. Case No.-143 Year-2019 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== SARVJIT BIND @ SARVJIT KUMAR S/o Jangi Bind @ Jangbahadur Bind Resident of Village- Lohara, P.S.- Chainpur, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Ms. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-01-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Chainpur Police Station Case No. 143 of 2019, registered for the offences punishable under Section 304-B/34 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the sister of the informant was killed in her matrimonial home within seven years of marriage due to nonfulfillment of demand of dowry by the petitioner and other family members.

Learned Counsel for the petitioner submits that the petitioner, who is the brother-in-law of the deceased, has falsely been implicated in this case along with his other family

Patna High Court CR. MISC. No.40109 of 2021(2) dt.25-01-2022 2/3 members. He further submits that there is general and omnibus allegation against the petitioner and there is no specific allegation regarding torture and demand of dowry. He further submits that the husband of the deceased, namely, Sunil Bind, has been granted bail by co-ordinate Bench of this Court, vide order passed in Criminal Misc. No. 66787 of 2019. He further submits that the father-in-law and the mother-in-law of the deceased have also been granted bail by co-ordinate Bench of this Court, vide order passed in Criminal Misc. No. 40730 of 2021. He further submits that the petitioner is in custody since 04.03.

2021 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 materials available on record and the fact that similarly situated co-accused persons, including the husband of the deceased, have been granted bail by this Court, charge sheet has already been submitted, and the petitioner is in custody since 04.03.2021, 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.40109 of 2021(2) dt.25-01-2022 3/3 on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Chief Judicial Magistrate, Kaimur, at Bhabhua, in connection with Chainpur Police Station Case No. 143 of 2019. 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 √