Sarita Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35426 of 2020 Arising Out of PS. Case No.-260 Year-2020 Thana- ISLAMPUR District- Nalanda ====================================================== 1.
SARITA KUMARI W/o Ram Pravesh Kumar R/o village- Faridpur, P.S.- Islampur, District- Nalanda 2.
Ram Pravesh Kumar S/o Sita Ram Prasad R/o village- Faridpur, P.S.- Islampur, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tej Narayan Singh, Adv.
For the Informant :
Mr. Hirday Narayan Harshit, Adv.
For the State :
Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-01-2021 Heard Mr. Tej Narayan Singh, learned counsel for the petitioners, Mr. Hirday Narayan Harshit, learned counsel for the informant and Mr. Rajendra Singh, Additional Public Prosecutor for the State.
2. Petitioner seeks regular bail in connection with Islampur PS Case No. 260/2020 registered for the offence punishable under Sections 341, 323, 498A, 302 of the IPC.
3. The allegation, as per First Information Report, is that the petitioners along with other accused persons killed the daughter of the informant due to non fulfillment of demand of dowry.
4. Learned counsel for the petitioners submits that the petitioners have not committed any offence in the manner
Patna High Court CR. MISC. No.35426 of 2020(3) dt.30-01-2021 2/3 alleged and they have falsely been implicated in this case with oblique motive. Learned counsel further submits that petitioner no.1 is Gotni of the deceased and petitioner no.2 is husband of petitioner no.1 and brother-in-law of the deceased. Learned counsel for the petitioners next submits that the allegation against the petitioners are general and omnibus in nature and the deceased was married about ten years ago with the brother of the petitioner no.2. Learned counsel further submits that motherin-law of the deceased has been granted bail by this Court in Cr. Misc. No. 33810/2020 and the petitioners are in custody since19.05.2020.
5. On the other hand, learned counsel for the informant and learned counsel for the State vehemently, opposed the prayer for bail of the petitioners and submit that from perusal of the postmortem report, it would be evident that the deceased had sustained head injury and all the accused persons with a common intention killed the daughter of the informant and concealed the dead body in a straw house of the accused, Sarita Kumari.
6. Having regard to the submissions made by the parties and taking into consideration the material on record, nature of allegation, petitioners are in custody since 19.05.2020
Patna High Court CR. MISC. No.35426 of 2020(3) dt.30-01-2021 3/3 and the fact that similarly situated co-accused has been granted bail by this Court, I am inclined to grant regular bail to the petitioners.
7. Accordingly, let the petitioners, named above, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri Punit Kumar Tiwari, learned Judicial Magistrate 1st Class, Hilsa, Nalanda/court concerned in connection with Islampur PS Case No. 260/2020.
8. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.
(Anil Kumar Sinha, J) perwez U T