Hari Nrayan Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31430 of 2016 Arising Out of PS.Case No. -128 Year- 2015 Thana -JALALPUR District- SARAN ======================================================
1. Hari Nrayan Prasad, Son of Late Sri Kishun Prasad @ Mahanth, Resident of Village- Chaipali, Police Station- Jalalpur, District- Saran at Chapra. .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Jay Prakash Sharma For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-09-2016 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner seeks bail in connection with Jalalpur P.S. Case No. 128 of 2015 registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.
Allegedly, the petitioner being father-in-law informed the informant telephonically that his condition is not well and so he has to go to Chapra and requested the informant to come and when the informant went there he saw his daughter was brunt to death, the bed etc. were also burnt and it is alleged that due to nonfulfillment of demand of motorcycle the occurrence was caused by the petitioner and other family members.
Submission is of false implication and that it was the petitioner who called the informant at his house then, he was told
that his daughter has committed suicide but the informant lodged this false case, resulting, the petitioner is suffering in custody since 04.04.2016, other co-accused Lalita Devi and Piryanka Devi the mother-in-law and married nanad of the deceased have already been allowed bail and as such the petitioner deserves sympathetic consideration to which learned APP duly assisted by learned counsel for the informant opposes by submitting that the petitioner informed about his own illness and when the informant went there he saw his daughter dead and further there is allegation for demanding motorcycle.
In the facts and circumstances stated above, considering that the petitioner is the father-in-law and by remaining in custody he has sufficiently been penalized, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, 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 A.C.J.M.- 9, Saran at Chapra in connection with Jalalpur P.S. Case No. 128 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