Shiv Shankar Baidh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51243 of 2021 Arising Out of PS. Case No.-602 Year-2019 Thana- AMARPUR District- Banka ====================================================== SHIV SHANKAR BAIDH SON OF LATE SHIVDHAR BAIDH R/O VILLAGE- CHARWAIY SAHPUR, P.S.- AMARPUR, DIST.- BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-02-2022 Heard the learned counsel for the petitioner and the learned APP for the State, through Video Conferencing. The petitioner seeks bail in connection with Amarpur P.S. Case No. 602 of 2019, instituted for the offences under Sections 341, 323, 304(B), 34 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is in custody since 14.11.2020, he is a person with clean antecedent, charge-sheet has been submitted and his aged about 60 years.

The learned senior counsel for the petitioner further submits that the informant alleges that her daughter (deceased) was married to the son of the petitioner and on 17.06.2019, while the deceased was preparing tea on her hand made Chulha, she came in contact with fire and accused persons including the petitioner did not rescue her, further she died on 31.07.2019 during treatment at

Patna High Court CR. MISC. No.51243 of 2021(2) dt.07-02-2022 2/2 J.N.U. Medical College Hospital, Bhalgalpur. Learned senior counsel submits that the deceased was taken to the hospital that in itself shows that the petitioner and his family members had taken immediate steps to get her treated as she got burnt by preparing tea as she herself alleged in the FIR and further the deceased died after 43 days of the occurrence. The learned senior counsel submits that in the nature of allegation and the manner in which the petitioner and his family members responded to the situation amply reflects their good behaviour and prompt action.

The learned A.P.P. vehemently opposes the bail application.

Considering the fact that the petitioner is in custody since 14.11.2020, he is a person with clean antecedent, charge-sheet has been submitted and petitioner is father-in-law of the deceased, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Amarpur P.S. Case No. 602 of 2019. The application stands allowed.

sanjeev/- (Satyavrat Verma, J) U T