Birendra Laheri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34728 of 2019 Arising Out of PS. Case No.-330 Year-2017 Thana- GHORASAHAN District- East Champaran ====================================================== 1.

Birendra Laheri S/o Ram Gulam Sah Laheri R/o village- Bisunpur Laheri Tola, P.S.- Ghorasahan (Jharokhar), District- East Champaran 2.

Kanchan Laheri S/o Ram Gulam Sah Laheri R/o village- Bisunpur Laheri Tola, P.S.- Ghorasahan (Jharokhar), District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhurendra Kumar For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-07-2019 Supplementary affidavit is filed on behalf of the petitioners. The same be kept on record.

In the supplementary affidavit, it has been stated that father of the petitioner No. 1 namely, Ramlal Sah has died on 09-07-2019. The petitioner No. 1 being the eldest son has to perform the Shradh Karm of his father. A death certificate of father of petitioner No. 1 is annexed as Annexure-1 to the supplementary affidavit. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case initially registered under Sections 304B/34 of the Indian Penal Code and later on, Sections498A, 365, 120(B) of the Indian Penal Code was also added. Allegation against the petitioners is of committing torture and

Patna High Court CR. MISC. No.34728 of 2019(4) dt.23-07-2019 2/2 caused death of the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are in custody since 01-04-2019. Charge sheet has already been submitted. The petitioners are Bhainsur and Devar of the deceased. They are separate in mess and property from husband of the deceased. They have no concern with the alleged occurrence. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sikrahana, Dhaka, East Champaran at Motihari in connection with Ghorasahan (Jharokhar) P.S. Case No. 330 of 2017.

(Sudhir Singh, J) A.K.V.//- U T