Raghunath Thakur And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.35006 of 2015 (5) dt.23-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35006 of 2015 Arising Out of PS.Case No. -253 Year- 2015 Thana -SUPAUL District- SUPAUL ======================================================

1. Raghunath Thakur S/o Late Bachi Thakur

2. Renu Devi W/o Raghunath Thakur Both R/o Village - Karanpur Tola Kharail, P.S. - Supaul, District - Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shiva Shankar Sharma For the Opposite Party/s : Mr. P.N.Pandit(App) CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ====================================================== ORAL ORDER 23-11-2015 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners seek bail in connection with Supaul P.S. Case No. 253 of 2015 registered for the offence punishable under Sections 498A, 304(B)/34 of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act.

Shushila Devi the sister of the informant was married with Pawan Thakur the son of the petitioners 5 years ago and due to non-fulfillment of demand of dowry by way of cash and motorcycle she was done to death.

Submission is of false implication, the petitioners are old father-in-law and mother-in-law having no concern with the family affairs of the deceased and her husband, there is no specific allegation against the petitioners and as such the petitioners who

Patna High Court Cr.Misc. No.35006 of 2015 (5) dt.23-11-2015 are suffering in custody since 01.06.2015 deserve sympathetic consideration. Other co-accused have been allowed bail by another co-ordinate Bench of this Court.

Learned APP opposes the prayer of bail of the petitioners.

In the facts and circumstances stated above, considering that the petitioners are old father-in-law and motherin-law and chargesheet has already been submitted and there is no chance of tampering with prosecution evidence, 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 learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 253 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

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