Devan Bind @ Dawan Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31771 of 2019 Arising Out of PS. Case No.-257 Year-2018 Thana- SHIVSAGAR District- Rohtas ====================================================== 1.
Devan Bind @ Dawan Bind Son of Ram Bachan Bind Resident of Village - Baheri, P.S.- Sheosagar, District- Rohtas 2.
Jitendra Bind @ Jitendra Bin Son of Devan Bind Resident of Village - Baheri, P.S.- Sheosagar, District- Rohtas 3.
Pantu Bind @ Vikash Bind Son of Ramesh Bind Resident of Village - Baheri, P.S.- Sheosagar, District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deovind Kumar Singh For the Opposite Party/s :
Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered under Section 302/34 of the Indian Penal Code. Petitioners along with other accused persons are said to have strangulated to death the husband of the informant at the instigation of the father-in-law of the informant namely Ramesh Bind.
It is submitted by learned counsel for the
Patna High Court CR. MISC. No.31771 of 2019(2) dt.14-05-2019 2/3 petitioners that petitioner no.1 happens to be Samdhi of Ramesh Bind, petitioner no.2 is the son of petitioner no.1 and petitioner no.3 is the brother of the deceased. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Informant in her statement recorded during trial has candidly stated that at the time of occurrence she was at her maternal house and her husband has committed suicide. Police after due investigation of the case has submitted chargesheet under Section 306 IPC. Petitioners have been falsely implicated in the case with ulterior motive. They have no criminal antecedent. Similarly situated co-accused namely Jitendra Bind has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 28.03.2019 passed in Cr. Misc. No. 2850 of 2019.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Rohtas, Sasaram in connection with Sheosagar P.S. Case No. 257 of 2018, subject to the condition as
Patna High Court CR. MISC. No.31771 of 2019(2) dt.14-05-2019 3/3 laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) mantreshwar/- U T