Fulo Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58022 of 2025 Arising Out of PS. Case No.-223 Year-2016 Thana- BARH District- Patna ====================================================== Fulo Bind S/o Arjun Bind, R/o Village- Umanath Bind Toli, P.S.- Barh, District- Patna.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Prem Kumar, Advocate For the Opposite Party/s :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Barh P.S. Case No. 223 of 2016 dated 01.07.2016, registered for the offences punishable under Sections 304B and 201 read with Section 34 of the Indian Penal Code and under Section 3 and 4 of Dowry Prohibition Act.
3. As per the prosecution case, the daughter of informant was married with co-accused Chhedi Bind. The allegation is that the petitioner and other co-accused persons used to frequently assault and torture the daughter of the informant and on 30.06.2016, the co-accused persons committed the murder of the daughter of the informant. When the informant reached the matrimonial home of her daughter, she
2/4 found blood stained spade and lathi and also some blood on the ground.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. Though the petitioner is brother of the husband of the deceased, but for 10 years the petitioner has been residing separately from his brother and has no concern with his family affairs. This fact also came up during the investigation in the statement of the witnesses in which they stated that the petitioner has been residing separately for 10 years. Since, husband had been quarreling with the daughter of the informant, she committed suicide by hanging herself and the petitioner has got no hand in any manner. Only because the petitioner is brother of the husband of the deceased, he has been made accused in this case.
Similarly situated co-accused persons have been granted bail by a learned co-ordinate Bench of this Court vide order dated 27.02.2024 passed in Cr. Misc. No. 69969 of 2023. Learned counsel next submits that petitioner is having clean antecedent and chargesheet has been submitted in this case. Learned counsel lastly submits that petitioner is in custody since 27.03.2025.
5. Learned A.P.P. appearing on behalf of the State
3/4 opposes the submission made on behalf of the petitioner and submits that petitioner is the brother of the husband of the deceased and one of the accused persons in the present case and the daughter of the informant died within 7 years of marriage.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the relationship of the petitioner with the deceased and also considering petitioner's clean antecedent, his period of custody and submission of chargesheet in the present case, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Barh, Patna / concerned Court, in connection with Barh P.S. Case No. 223 of 2016, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.
(iii) In case of non-appearance of the petitioner on single date or in violation of the terms of the bail, the bail bond
4/4 of the petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J) Shahnawaz/- U T