Binod Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50725 of 2018 Arising Out of PS.Case No. -109 Year- 2017 Thana -JANKINAGAR District- PURNIA ======================================================

1. Binod Kumar, Son of Yugeshwar Prasad Yadav,

2. Inod Kumar, Son of Yugeshwar Prasad Yadav,

3. Santosh Kumar, Son of Yugeshwar Prasad Yadav, All residents of Mohalla- Naulakhi, P.S.- Jankinagar, District- Purnia. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pranav Kumar, Adv. For the Opposite Party/s : Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-09-2018 Heard learned counsel for petitioners and learned A.P.P. for the State.

The petitioners seek bail in Jankinagar P.S. Case No. 109/2017, registered for the offences punishable under Sections 304(B), 201 and 120(B) of the Indian Penal Code. Informant is father of the deceased who in his written complaint alleged that after marriage of his daughter (deceased), her in-laws started demand of dowry and subjected her to mental and physical torture. The accused persons killed the daughter of informant due to non-fulfillment of demand of dowry. It has been submitted that petitioners are brother-inlaws. They are living separately and have no concern with the

family affairs of the deceased and her family member. During investigation, it has come that girl died due to snake bite. Witnesses have also reiterated the same fact. Petitioners have no criminal antecedent. They are in custody since 03.07.2018.

Considering the facts aforesaid, the petitioners abovenamed, are directed to be enlarged 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 Chief Judicial Magistrate, Purnea in connection with Jankinagar P.S. Case No. 109/2017, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioners shall co-operate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel their bail bonds.

(3.) If the petitioners tamper with the evidence or the witnesses of the case, in that case,

prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) Vinita/- U T