Dhodha Sah @ Dhodha Shah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45487 of 2017 Arising Out of PS.Case No. -97 Year- 2017 Thana -BHORE District- GOPALGANJ ======================================================
1. Dhodha Sah @ Dhodha Shah son of Late Mohan Sah
2. Nathu Sah son of Dhodha Sah @ Dhodha Shah Both (1 & 2) resident of Village- Hussepur Nawaka Tola), P.S.- Bhore, District- Gopalganj. .... .... Petitioners/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioners/s : Mr. Sanjay Kumar Pandey No-5 For the Opposite Party/s : Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-10-2017 The petitioners seek regular bail in connection with Bhorey P.S. Case No. 97 of 2017, registered for offences punishable under Sections 302 and 34 of the Indian Penal Code. Petitioners are in laws of the deceased and allegation against them is of killing the deceased.
It has been submitted on behalf of the petitioners that there was love marriage between the son of petitioner no. 1 and the deceased and the son of petitioner no. 1 had gone out of the country for earning his livelihood and deceased used to live separate from the petitioners. Further petitioners have nothing to do in the death of the decease and they have been in judicial custody since 11.07.2017.
Learned counsel for the State opposed the prayer for bail
and submitted that witnesses in some paragraphs of the case diary has supported the prosecution case that one of the brothers in law of the deceased strangulated her to death, however, he fairly conceded that the brother- in - law against whom the witnesses have stated, is not before us in the present case. Having heard both sides, in view of the above facts, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM- XII, Gopalganj, in connection with Bhorey P.S. Case No. 97 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two
consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of their bail bonds. (Vinod Kumar Sinha, J) sunil/- U T