Saguni Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48319 of 2021 Arising Out of PS. Case No.-7 Year-2020 Thana- DUMARIYA District- Gaya ====================================================== 1.

SAGUNI BHUIYAN S/o LATE GANESHI BHUIYAN R/o VILLAGEPURKHAN CHAK, TOLA-NAYKADIH, P.S-DUMARIYA DISTRICTGAYA. 2.

RATNI DEVI W/o SAGUNI BHUIYAN R/o VILLAGE-PURKHAN CHAK, TOLA-NAYKADIH, P.S-DUMARIYA DISTRICT-GAYA. 3.

SUNIL BHUIYAN S/o SAGUNI BHUIYAN R/o VILLAGE-PURKHAN CHAK, TOLA-NAYKADIH, P.S-DUMARIYA DISTRICT-GAYA. 4.

SARITA DEVI W/o LATE SUNIL BHUIYAN R/o VILLAGE-PURKHAN CHAK, TOLA-NAYKADIH, P.S-DUMARIYA DISTRICT-GAYA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

M/s Surendra Kr. Singh, Sr. Advocate Praveen Prakash, Advocate For the Opposite Party/s :

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 302, 201 and 34 of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that his daughter-in-law took away his son to her parents place. Soon, thereafter, he received information that he has been killed after hanging him and his body was found hanging in the house of one Ganeshi Yadav. He identified his

Patna High Court CR. MISC. No.48319 of 2021(3) dt.10-03-2022 2/3 son on seeing the photograph on the whatsapp. It is further stated that the cause of occurrence is that about a year back his son had abused his father-in-law and also beaten him up. It is submitted by learned senior counsel appearing for the petitioners that the petitioners have been falsely implicated in the case. From the FIR itself it would transpire that there are no eye witness to the occurrence and only an unfounded and unsubstantiated suspicion has been raised against them on the basis of an alleged occurrence which took place a year back. The petitioners are in custody since 15.6.2020. The investigation in the case has concluded. The petitioners have no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the material that has transpired in course of investigation, chargesheet having been submitted in the case and the petitioners having remained in custody for 1 year 8 months, the petitioners are directed to be enlarged on bail in connection with Sessions Trial no. 190 of 2021/90 of 2021 (arising out of Dumariya P.S. Case no. 7 of 2020) on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.48319 of 2021(3) dt.10-03-2022 3/3 each to the satisfaction of the learned Additional Sessions Judge XII, Gaya.

(Partha Sarthy, J) Spd/- U T