Nathu Bin v. The State Of Bihar

Patna High Court Cr.Misc. No.52714 of 2015 (3) dt.08-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52714 of 2015 Arising Out of PS.Case No. -7 Year- 2015 Thana -NADI NAINAHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Nathu Bin son of Late Jairam Bin R/o village - Chakdahwa, P.S. - Nainha Nadi, Distt. - West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Prithvi Nath Mishra For the Opposite Party/s : Mr. M. Rab (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-02-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Nadi P.S. Case No. 07 of 2015 registered for the offences punishable under Sections 304B, 201/34 of the Indian Penal Code. Kushmwati Devi, the sister of the informant was married with Ramashish Bind, the son of the petitioner, in the year 2014 and due to non-fulfillment of demand of cycle and gold chain she was being tortured and ultimately she was poisoned to death by the husband and other in-laws including the petitioner. Submission is of false implication and that the petitioner having no specific allegation is suffering in custody since 27.07.2015, the husband of the deceased is already in custody, the

Patna High Court Cr.Misc. No.52714 of 2015 (3) dt.08-02-2016 informant is not an eye witness, the husband of the deceased was living separately from the petitioner since long and as such the petitioner deserves sympathetic consideration to which learned APP fairly submits that the petitioner is the father-in-law of the deceased.

In the facts and circumstances stated above, considering the period of detention and further chargesheet has already been submitted and there is no chance of tampering with prosecution evidence and he is the father-in-law, 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 the learned Additional Chief Judicial Magistrate, Bagaha (West Champaran) in connection with Nadi P.S. Case No. 07 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