Punyakal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44983 of 2021 Arising Out of PS. Case No.-386 Year-2019 Thana- DARIYAPUR District- Saran ====================================================== 1.

PUNYAKAL RAI Son of Late Arjun Rai Resident of Village - Yadurampur, P.S.- Dariyapur, Distt.- Saran at Chapra.

2.

Mahesh Rai Son of cPunyakal Rai Resident of Village - Yadurampur, P.S.- Dariyapur, Distt.- Saran at Chapra.

3.

Ashok Rai Son of Punyakal Rai Resident of Village - Yadurampur, P.S.- Dariyapur, Distt.- Saran at Chapra.

4.

Awadhesh Rai @ Vyash Rai Son of Punyakal Rai Resident of Village - Yadurampur, P.S.- Dariyapur, Distt.- Saran at Chapra. 5.

Manish Rai Son of Mahesh Rai Resident of Village - Yadurampur, P.S.- Dariyapur, Distt.- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tej Pratap Singh, Adv.

For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 304B, 201, 120B and 34 of the Indian Penal Code.

As per the prosecution case, the daughter of the informant who was married to the son of the petitioner no.1 was tortured by the accused persons including the five petitioners herein and ultimately was done to death. Her dead body was

Patna High Court CR. MISC. No.44983 of 2021(2) dt.28-01-2022 2/3 disposed of.

It is submitted by learned counsel for the petitioners that the petitioner no.1 is the father-in-law, petitioner nos. 2, 3 and 4 are the elder brothers of the husband of the deceased and the petitioner no.5 is the son of petitioner no.2. They have been falsely implicated in the case. They are separate in residence and mess from the husband of the deceased. As per oral instructions received, the husband of the deceased has been enlarged on bail under section 167(2) of the Cr.P.C. The mother-in-law and the brother-in-law of the deceased have been enlarged on bail vide order dated 1.10.2020 (Annexure-4) passed in Cr. Misc. no.24948 of 2020. These five petitioners surrendered in the Court below on 22.6.2021 and are in custody since then. Chargesheet has been submitted in the case. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioners together with chargesheet having been submitted in the case and grant of bail to the coaccused, the Court directs all five petitioners to be enlarged on bail in connection with Dariyapur P.S. Case no. 386 of 2019 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.44983 of 2021(2) dt.28-01-2022 3/3 satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra.

(Partha Sarthy, J) Bibhash U