Raj Kumar Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57268 of 2021 Arising Out of PS. Case No.-246 Year-2020 Thana- RAJGIR District- Nalanda ====================================================== Raj Kumar Rajbanshi Son of Ramprit Rajvanshi Resident of Village - Jhalar, P.S.- Rajgir, District - Nalanda.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 57698 of 2021 Arising Out of PS. Case No.-246 Year-2020 Thana- RAJGIR District- Nalanda ====================================================== Jhalo Devi @ Sona Devi @ Sonma Devi W/O Raj Kumar Rajbanshi R/O Village-Jhalar, P.S-Rajgir, District-Nalanda. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 57268 of 2021) For the Petitioner/s :

Mr.Vishwa Mohan Kumar Sinha For the Opposite Party/s :

Mr.Abhay Kumar (In CRIMINAL MISCELLANEOUS No. 57698 of 2021) For the Petitioner/s :

Mr.Vishwa Mohan Kumar Sinha For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 05-04-2022 Let the defects, if any, be removed within four weeks from today.

Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek bail in a case registered in connection with Rajgir P.S.Case No.246 of 2020 for the offences punishable

Patna High Court CR. MISC. No.57268 of 2021(2) dt.05-04-2022 2/3 under Sections 304B of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.

As per prosecution case, It is alleged that the daughter of the informant was married with Upin Rajbanshi in the year 2018 and, thereafter, she was subjected to torture and it has been informed that she has been strangulated to death by all the F.I.R named accused persons.

Learned counsel for the petitioners submits that petitioners happens to be father-in-law and mother-in-law of the deceased. There is no specific allegation against these petitioners and moreover, specific allegation against the husband of the deceased and he also confessed the involvement of the present occurrence has already been granted bail by a coordinate Bench of this Court in Cr. Misc. No.26269 of 2021 vide order dated 05.03.2021. It is next submitted that the petitioners are in custody since 06.03.2021.

The learned A.P.P opposed the prayer for bail of the petitioners.

Having heard the rival contentions of the parties and taking into consideration the fact that petitioners are father-inlaw and mother-in-law of the deceased and moreover, husband of the deceased has already been grated bail by co-ordinate

Patna High Court CR. MISC. No.57268 of 2021(2) dt.05-04-2022 3/3 Bench of this Court, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda in connection with Rajgir P.S.Case No.264 of 2020, subject to the condition that one of the bailors will be the close relatives of the petitioners with further conditions which are as follows:- (i) The petitioners will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(Harish Kumar, J) N.K/- U T