Arvind Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59225 of 2021 Arising Out of PS. Case No.-107 Year-2021 Thana- GOPALPUR District- Gopalganj ====================================================== 1.

Arvind Sah Son of - Sarwan Sah @ Shravan Sah. 2.

Om Prakash Sah Son of - Sarwan Sah @ Shravan Sah Both are Resident of Village- Chailwa, P.S.- Gopalpur, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lokesh Kumar Singh, Adv.

For the Opposite Party/s :

Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-04-2022 Heard learned counsel for the parties.

FIR vide Gopalpur P.S. Case No.107 of 2021 was lodged under Sections 304(B),201/34 of the Indian Penal Code. The prosecution case is that, the informant's sister was married to accused Manjeet Sah in which a motorcycle amongst other was gifted. However, the accused Manjeet Sah sold the motorcycle and was demanding bullet motorcycle from her in-laws and it is alleged that on the fateful day after beating his sister, all the accused persons killed her sister. When the informant reached this place of occurrence, he found the burnt body of the sister and as such has alleged that the accused persons are responsible for the same. Learned counsel for the petitioners submit that the petitioner no.1 and 2 are cousin father-in-law and father-in-law of the deceased lady. They had no role to play in the matter and are in judicial custody since 09.06.2021 (petitioner no.1) and 08.07.2021

Patna High Court CR. MISC. No.59225 of 2021(2) dt.13-04-2022 2/2 (petitioner no.2). He has further stated in para-18 of the bail application that the husband of the deceased is already in judicial custody who will face the music.

Taking into account the aforesaid facts, as also that the husband of the deceased is in judicial custody, let the petitioners be released on bail on furnishing bail bond of Rs.15,000/-(fifteen thousand) with two sureties of the like amount each in connection with Gopalpur P.S. Case No.107 of 2021 to the satisfaction of learned Judicial Magistrate, Ist Class, Gopalganj, subject to following conditions:

(i) the petitioners shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial court itself;

(ii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

With the aforesaid observation, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T