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Patna High CourtCR. MISC./52954/2019bail granted

Robin Kumar Sahni @ Robin Kumar v. The State Of Bihar

2019-08-23Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52954 of 2019 Arising Out of PS. Case No.-194 Year-2017 Thana- TEGHRHA District- Begusarai ====================================================== 1.

ROBIN KUMAR SAHNI @ ROBIN KUMAR Son of Brahmdeo Sahni Resident of Village - Nonpur, P.S.- Teghra, District - Begusarai 2.

Rahul Kumar Sahni @ Rahul Kumar Son of Brahmdeo Sahni Resident of Village - Nonpur, P.S.- Teghra, District - Begusarai 3.

Kundan Chaudhary Son of Satya Narayan Chaudhary Resident of Village - Suratpur, P.S.- Samastipur (Mufassil), District - Samastipur 4.

Dhanwanti Devi Wife of Kundan Chaudhary Resident of Village - Suratpur, P.S.- Samastipur (Mufassil), District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yogesh Kumar For the Opposite Party/s :

Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 23-08-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 304(B)/34 of the Indian Penal Code and Section 3⁄4 of the D.P.Act registered in connection with Teghra P.S. Case No. 194/2017.

3. It is submitted that the petitioners have been falsely implicated merely because they happen to be the two devars, brother-in-law and married Nanad respectively of the deceased. It is submitted that the petitioners are living separately and have no concern with the day-today matters of the deceased and her husband. No specific overt act has been alleged against the petitioners. The deceased committed suicide in the backdrop of marital discord with her husband. Other co-accused persons namely, mother-in-law, gothni and father-in-law of the deceased have been granted anticipatory bail by this Court in Cr. Misc.

Patna High Court CR. MISC. No.52954 of 2019(2) dt.23-08-2019 2/2 No. 51398 of 2017. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners' be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Begusarai, in connection with Teghra P.S. Case No. 194/2017, subject to the conditions as laid down under Section 438

(2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner nos. 1, 2 and 3 shall remain physically present and the petitioner no. 4 shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran/- U T