Bashishtha Raut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39955 of 2022 Arising Out of PS. Case No.-20 Year-2022 Thana- DESARI District- Vaishali ====================================================== 1.
BASHISHTHA RAUT S/o Late Kiralal Raut R/o village- Maurabatpur, P.S.- Desri, District- Vaishali 2.
Uttam Devi W/o Bashishta Raut R/o village- Maurabatpur, P.S.- Desri, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar, Adv.
For the Opposite Party/s :
Mr.Chandra Bhushan Prasad, APP For the Informant :
Mr. Rajeev Ranjan No. II, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2023 Heard the learned counsel for the petitioners and the learned APP for the State as also the learned counsel for the informant.
The petitioners seek regular bail in connection with Desari P.S. Case No. 20/2022, registered for the offence punishable under Sections 302, 201, 120(B) and 34 of the Indian Penal Code.
The allegation is regarding the accused persons having killed the deceased victim lady on account of non-fulfillment of the demand for dowry.
Patna High Court CR. MISC. No.39955 of 2022(3) dt.23-01-2023 2/3 The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case, they are having a clean antecedent and they are languishing in custody since 13.1.2022. The learned counsel for the petitioners has submitted that the petitioner no. 1 is the father-in-law of the deceased victim lady while the petitioner no. 2 is the mother-in-law of the deceased victim lady and the main accused i.e. the husband of the deceased victim lady is already in custody, hence, no prejudice would be caused to the prosecution, in case bail is granted to the petitioners.
Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the materials available on record as also considering the fact that the husband of the deceased victim lady is
Patna High Court CR. MISC. No.39955 of 2022(3) dt.23-01-2023 3/3 in custody, I deem it fit and proper to direct for release of the petitioners on regular bail.
Accordingly, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM IXth Vaishali at Hajipur in connection with Desari P.S. Case No. 20/2022.
(Mohit Kumar Shah, J) Ajay/- U T