Krishna Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56049 of 2022 Arising Out of PS. Case No.-171 Year-2021 Thana- BARACHATTI District- Gaya ====================================================== 1.

KRISHNA SAO, S/O LATE GANAURI SAO, Resident of villagePatiouna, P.S.- Barachatti, District- Gaya 2.

MALTI DEVI @ MALO DEVI, W/O KRISHNA SAO, Resident of villagePatiouna, P.S.- Barachatti, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr.Yogesh Kumar, Advocate For the Opposite Party/s :

Ms.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-01-2023 Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in connection with Barachatti P.S. Case No. 171 of 2021 registered for the offence punishable under Sections 304(B) and 34 of the Indian Penal Code. The prosecution alleges that the informant's daughter has been subjected to harassment and cruelty due to non-fulfillment of demand for dowry. The victim has suffered an unnatural death at her matrimonial home. The petitioners are mother and father in law of the deceased.

Learned counsel for the petitioners submits that their implication is by virtue of their relationship. They have no concern with the affairs of the victim and her husband. The petitioners are also of fair antecedents and are in custody since 24.05.2022. Husband of the victim has been allowed bail in Cr. Misc. No. 46990 of 2022.

Learned APP for the State has opposed the prayer for bail.

Patna High Court CR. MISC. No.56049 of 2022(2) dt.11-01-2023 2/2 Considering the rival submissions, the petitioners' relationship with the victim and general and omnibus nature of allegations, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioners' counsel, also for maintaining parity.

Prayer for bail of the petitioners is allowed. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Sherghati, Gaya, in connection with Barachatti P. S. Case No. 171 of 2021, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners. (ii)That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shashank/- U T