Bhola Biswas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49877 of 2022 Arising Out of PS. Case No.-155 Year-2022 Thana- JOKIHAT District- Araria ====================================================== Bhola Biswas Son of Upendra @ Upen Biswas R/V- Tekani, P.S.- Jokihat (Mahalgaon), Dist- Araria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Prasad Singh For the Opposite Party/s :

Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-12-2022 Learned counsel for the petitioner is permitted to remove the defect(s) as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case seeks bail in connection with Jokihat (Mahalgao) P.S. Case No. 155 of 2022 registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.49877 of 2022(2) dt.13-12-2022 2/3 As per prosecution case, the informant alleged that marriage of his daughter was held with Bablu Kumar Biswas two years ago, after few days thereafter the husband of the daughter of the informant was demanded one motorcycle and two lakhs otherwise she will be killed. She was assaulted regularly. On 28.02.2022, in the night, named six accused persons killed the daughter of the informant after throttling her and fled away after closing the room from outside. On information received from the villagers, the informant reached there and took the dead body of his daughter. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case.

There is general and omnibus allegation against the petitioner who is distant relative and co-villager. The petitioner is languishing in jail since 17.06.2022. The post-mortem report does not reveal any definite cause of death and the investigation has already been completed. It is further submitted that Coordinate Bench of this Court has already granted bail to coaccused Kanak Lal Biswas, who is father-in-law of the deceased vide order dated 09-12-2022 in Criminal Miscellaneous No. 47924 of 2022.

Learned APP for the State has opposed the prayer for

Patna High Court CR. MISC. No.49877 of 2022(2) dt.13-12-2022 3/3 regular bail for the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria in connection with Jokihat (Mahalgao) P.S. Case No. 155 of 2022.

(Sunil Dutta Mishra, J) ashutosh/- U T