Monu Kumar @ Monu Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22548 of 2016 Arising Out of PS.Case No. -318 Year- 2014 Thana -DANAPUR District- PATNA ======================================================

1. Monu Kumar @ Monu Sao S/o Late Bandhu Sao R/o Mohalla- Jhakhari Mahadeo, Gola Road, P.S.- Danapur, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.22733 of 2016 Arising Out of PS.Case No. -318 Year- 2014 Thana -DANAPUR District- PATNA ====================================================== MOST. MINTA DEVI @ MINTI DEVI @ MINTO DEVI, w/o Late Bandhu Saw @ Late Badan Saw, Mohalla Danapur Gola Road, Jhakhri Mahadev, P.S. Danapur, District Patna. .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.22548 of 2016) For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Mr. Bharat Bhushan(App) (In Cr.Misc. No.22733 of 2016) For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Mr. Bharat Bhushan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-05-2016 Both the criminal miscellaneous applications are of the same occurrence and, as such, have been heard together and are being disposed of by passing this common order. Heard learned counsel for the petitioners and learned A.P.P. representing the State.

The petitioners seek bail in connection with Danapur P.S. Case No. 318 of 2014 registered for the offence punishable under Section 304(B) of the Indian Penal Code.

The daughter of the informant was married to Ajay Sao on 13.07.2013 and allegedly, due to non-fulfillment of demand of two wheeler and cash of Rs. 2,00,000/- she was being tortured by her husband and other in-laws including the petitioners and ultimately she was burnt and her dead body was lying in PMCH, Patna.

Submission is of false implication and that the petitioner Monu Kumar @ Monu Sao is Dever whereas, petitioner Mostt. Minta Devi is mother-in-law, having no concern with the family affairs of the deceased and her husband, the husband is already in custody, against the petitioners there is no specific allegation, the allegations are general and omnibus in nature, it was a case of accidental burn and the informant, after realizing the truth, has filed compromise petition in the learned court below vide Annexure-2 and, as such, the petitioners who are suffering in custody deserve sympathetic consideration to which the learned A.P.P. fairly submits that the petitioners are Dever and mother-inlaw and there is no specific allegation against them. In the facts and circumstances stated above, the petitioners, above named, are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the

learned A.C.J.M., Danapur in connection with Danapur P.S. Case No. 318 of 2014 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T