Bishundeo Rai @ Vishun Dev Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24159 of 2018 Arising Out of PS.Case No. -37 Year- 2016 Thana -BHAGWANGANJ District- PATNA ====================================================== Bishundeo Rai @ Vishun Dev Singh, S/o Late Jadu Rai, Resident of Village- Hasanpura, P.S.- Bhagwanganj, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lallu Prasad For the Opposite Party/s : Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 18-05-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with S.Tr. No.750/2017 arising out of Bhagwanganj P. S. Case No. 37 of 2016 registered for offences punishable under sections 304 (b) (2), 201 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act.

The informant in his written report submitted before the S.H.O. Bhagwanganj, has alleged that his daughter was married with Mukesh Rai on 13.05.2014. After marriage, the husband and in-laws used to torture in connection with demand of Rs.50,000/-. The said demand was not fulfilled and on the date of occurrence, all the accused persons brutally assaulted the victim

Patna High Court Cr.Misc. No.24159 of 2018 (3) dt.18-05-2018 2/3 and she was burnt to death.

It has been submitted that husband of the deceased is in custody since 18.09.2017. This petitioner is father-in-law of the deceased against whom there is no specific allegation of demand. He is in custody since 18.09.2017. The other co-accuseds having similar allegation, have been allowed bail by one of the coordinate Bench of this Court in Cr. Misc. Nos. 12296 and 2754 of 2018. The learned Additional Public Prosecutor on the other hand opposed the submission.

Considering the case of the petitioner on similar footing to the case of co-accused who are on bail, the prayer for bail of the petitioner is allowed and he is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XI, Patna, in connection with S.Tr. No. 750/2017 arising out of Bhagwanganj P. S. Case No. 37 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or

Patna High Court Cr.Misc. No.24159 of 2018 (3) dt.18-05-2018 3/3 tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Sanjay Kumar, J) Mahesh/- U T