Baleshwar Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3041 of 2021 Arising Out of PS. Case No.-208 Year-2020 Thana- BARACHATTI District- Gaya ====================================================== 1.

BALESHWAR BHUIYAN Son of Late Teni Bhuiyan 2.

RAJIYA DEVI MANJHIYAWAN, KEWALCHAK, MOHANPUR, GAYA 3.

Rajiya Devi Wife of Baleshwar Bhuiyan Both resident of Village-Manjhiyawan, Tola-Kewal Chak, P.S.- Mohanpur, District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-03-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are in custody since 19.05.2020 in connection with Barachatti (Mohanpur) P.S. Case No. 208/2020 registered for the offences punishable under Sections 306/201/34 of the Indian Penal Code.

As per the prosecution case, on 16.04.2020, the niece of the informant informed him on phone that her mother is missing since last night and when they went there and made search, they came to know that her sister committed suicide by jumping into the well due to torture and cruelty meted out to her by her inlaws in absence of her husband and they have also cremated the dead-body without giving any information to the informant and

Patna High Court CR. MISC. No.3041 of 2021(2) dt.16-03-2021 2/3 his family.

It is submitted on behalf of the petitioners that petitioner No. 1 is father-in-law whereas petitioner No. 2 is mother-in-law of the deceased. It is further submitted that petitioners are living separately and they have got no concern with the affairs of the deceased. It is submitted that due to some family feud with her husband, she committed suicide and as soon as the petitioner came to know about the alleged incident, he informed the informant about the incident. Chargesheet has already been submitted in this case. Petitioners have got clean antecedent and they are in custody since 19.05.2020.

Considering the aforesaid facts and circumstances and that the petitioners are father-in-law and mother-in-law and chargesheet has already been submitted in this case, the bail petition of the petitioners is allowed. Let the petitioners above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned A.C.J.M., Sherghati, Gaya, in connection with Barachatti (Mohanpur) P.S. Case No. 208/2020, subject to following conditions:-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the

Patna High Court CR. MISC. No.3041 of 2021(2) dt.16-03-2021 3/3 Court and shall remain physically present, as directed by the Court on their absence on two consecutive dates without sufficient reason, their bail-bonds shall be cancelled by the Court below.

(2) If the petitioners tempers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Saif/- U T