Mahendra Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50329 of 2015 Arising Out of PS.Case No. -71 Year- 2015 Thana -KARPI District- JEHANABAD ======================================================

1. Mahendra Bind S/o Late Ram Narayan Bind R/o village - Khajuri, P.S. Karpi, District - Arwal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. S.N.Shukla (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-12-2015 Heard learned counsel for the petitioner, learned counsel representing the State and learned counsel for the informant.

The petitioner seeks bail in connection with Karpi P.S. Case No. 71 of 2015 registered for the offences punishable under Sections 304B, 201/34 of the Indian Penal Code. Poonam Kumari the daughter of the informant was married to Laxman Bind in the year 2010 and due to nonfulfillment of demand of motorcycle and golden chain she was tortured and ultimately she was killed and her dead body was also disposed of by her husband and other in-laws including the petitioner.

Submission is of false implication and that he is living

separately with the deceased and her husband since long, the petitioner is an old man aged about 60 years and is father-in-law of the deceased, he is suffering in custody since 15.05.2015 and there is no specific allegation against him. Chargesheet has already been submitted and there is no chance of tampering with prosecution evidence.

Learned APP duly assisted by learned counsel for the informant opposes the prayer of bail by submitting that the petitioner and other co-accused killed the daughter of the informant within 7 years of marriage due to non-fulfillment of demand of dowry.

In the facts and circumstances stated above, considering that the petitioner is the father-in-law and there is no specific allegation against him, chargesheet has already been submitted and there is no chance of tampering with prosecution evidence, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal in connection with Karpi P.S. Case No. 71 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