Ganesh Thakur And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47196 of 2014 Arising Out of PS.Case No. -113 Year- 2014 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ganesh Thakur son of Late Kedar Thakur.

2. Rajesh Thakur son of Late Kedar Thakur. Both are resident of Village Kauwaha, Police Station - Sugauli, District - East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Md.Arif(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-02-2015 Heard the parties.

This is an application for bail for the offences punishable under sections 304 B, 201 and 120 B of the I.P.C. Allegedly, Nanad of the informant was married with Rupan Thakur and due to non fulfillment of dowry by way of motorcycle she was poisoned to death and cremation was also done and further when the informant went there she was threatened to be assaulted by the petitioners and others. Submission is that in this case charge sheet has already been submitted and against the petitioners there is no allegation for demanding anything or killing the deceased and as such the petitioners deserve sympathetic consideration. The

Patna High Court Cr.Misc. No.47196 of 2014 (3) dt.04-02-2015 2/2 petitioners are Bhaisur and brother-in-law of the deceased. The learned A.P.P. fairly submits that against the petitioners there is no allegation of demanding dowry or torturing. In the facts and circumstances as stated above, as the charge sheet has already been submitted and there is no chance of tampering with the prosecution witnesses and as such the petitioners are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. Sadar Motihari in Sugauli P.S. Case No. 113 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T