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Patna High CourtCR. MISC./35278/2022bail granted

Sheo Pujan Baitha @ Sheo Parsan Baitha @ Ram Prasann Baitha v. The State Of Bihar

2022-09-19Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35278 of 2022 Arising Out of PS. Case No.-539 Year-2021 Thana- SASARAM NAGAR District- Rohtas ====================================================== 1.

Sheo Pujan Baitha @ Sheo Parsan Baitha @ Ram Prasann Baitha Son of late Shyam Sundar Baitha Resident of Village- Badui, P.S.- Darigaon, DistrictRohtas. 2.

Muniya Devi Wife Of Sheo Punjan Baitha Resident of Village- Baduai, P.S.- Darigaon, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek regular bail in connection with Sasaram Town (Darigaon) P.S. Case No. 539 of 2021 lodged under Sections 304(B)/34 of the I.P.C.

As per the allegation, the case of dowry death in furtherence of the common intention is there in the F.I.R. The informant is the father of the deceased.

Learned counsel for the petitioners submit that it is a case of dowry death in which all the family members are

Patna High Court CR. MISC. No.35278 of 2022(2) dt.19-09-2022 2/3 accused. Learned counsel for the petitioners further submit that petitioner no. 1 and 2 are father-in-law and mother-in-law respectively. He further submits that there is general and omnibus allegation against them. The allegation of assault is upon the husband of the deceased. Learned counsel further submits that petitioners are in custody since 03.02.2022 having clean antecedent, charge sheet has already been filed in this case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M, Sasaram in connection with Sasaram town (Darigaon) P.S. Case No. 539 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioners shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of

Patna High Court CR. MISC. No.35278 of 2022(2) dt.19-09-2022 3/3 his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioners.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J) prakashmani/- U T