Chunchun Saha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65219 of 2023 Arising Out of PS. Case No.-326 Year-2019 Thana- PATEPUR District- Vaishali ====================================================== 1.

Chunchun Saha Son of Jaylal Sah VILL SIMARWARA DURGAPUR, P.S. PATEPURE, DISTRICT VAISHALI 2.

Dinesh Saha Son of Jaylal Sah R/o vill - Simarwara, Durgapur, P.S. - Patepur, Distt. - Vaishali 843114 ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vasant Vikas For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in a case registered for the offence punishable under sections 304B, 201 and 120B of the Indian Penal Code.

As per allegation in the FIR, petitioners along with his family members has tortured in various ways to the sister of the informant due to non-fulfillment of dowry demand and ultimately she was being killed by them.

Learned counsel appearing on behalf of the petitioners has submitted that petitioner no. 1 is Devar and petitioner no. 2 is Bhaisur of the deceased due to which both have falsely been

Patna High Court CR. MISC. No.65219 of 2023(2) dt.13-10-2023 2/2 implicated in this case. They had never demanded any thing from the deceased of her family members. Both are living separately and they have no concern with the mess and business of the deceased and her husband. The sole responsibility to take care of wife is upon husband and not against his family members. They have got no criminal antecedent. It is also submitted that petitioner no.1 is languishing in judicial custody since 13.03.2023 and petitioner no.2 is in judicial custody since 24.02.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur in connection with Patepur P.S. Case No. 326 of 2019.

(Sunil Kumar Panwar, J) lata/- U T