Bhola Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39943 of 2024 Arising Out of PS. Case No.-8 Year-2019 Thana- KOTHI District- Gaya ====================================================== Bhola Bhuiyan Son Of Ramashish Bhuiyan @ Ramashish Manjhi VillageKoshmahi, Ps- Kothi, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Javed Jafar Khan, Advocate For the Opposite Party/s :

Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in Kothi P.S. case No. 08 of 2019 instituted for the offences under Sections 306/34 of the Indian Penal Code.

3. Prosecution allegation, in short, is that the accused persons physically assaulted and tortured the daughter of the informant due to which she consumed poison and died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is said to be husband of the deceased. General and omnibus allegation of torture has been made against the petitioner including on other family members.

Patna High Court CR. MISC. No.39943 of 2024(3) dt.26-07-2024 2/3 During the course of investigation, nothing adverse has come against the petitioner. On completion of investigation, the police submitted charge-sheet in this case under Section 306/174A of the Indian Penal Code. The petitioner is in custody since 23.08.2023 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP, referring to various paragraphs including paragraph 8 of the case diary, submits that the witnesses have supported the factum of torture and assault due to which the deceased consumed poison. The petitioner is husband of the deceased and hence, he does not deserve the bail.

6. Considering the aforesaid facts and circumstances of the case, charge-sheet being submitted under Section 306/174A I.P.C. and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kothi P.S. case No. 08 of 2019, subject to the following conditions: (I) One of the bailors shall be own/close member of

Patna High Court CR. MISC. No.39943 of 2024(3) dt.26-07-2024 3/3 the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) The petitioner will not hamper the trial or temper with any prosecution evidence. If he is found involved in such incidence, the prosecution shall have liberty to take steps for cancellation of bail granted to the petitioner. (Rudra Prakash Mishra, J) Pankaj/- U T