Bashist Singh @ Bashist Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73660 of 2022 Arising Out of PS. Case No.-321 Year-2022 Thana- BHORE District- Gopalganj ====================================================== 1.
BASHIST SINGH @ BASHIST BHAGAT S/O LATE SWAMINATH SINGH Resident of village- Bansdeva, P.S.- Bhore, District- Gopalganj. 2.
GIRIJA DEVI W/O BASHIST SINGH Resident of village- Bansdeva, P.S.- Bhore, District- Gopalganj.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vyas Kumar Mishra, Adv.
For the Opposite Party/s :
Mr.Tarun Prasad Mandal, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-02-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304(B) and 302/34 of the Indian Penal Code.
Allegedly, petitioners along with other accused persons tortured upon the informant's daughter physically and mentally due to non-fulfillment of their dowry demand and when their demand had not been fulfilled, her daughter was killed by them. It is submitted by learned counsel for the petitioners the petitioner no.1 is father in law and petitioner no.2 is mother in law of the informant. Petitioners are quite innocent and have
Patna High Court CR. MISC. No.73660 of 2022(2) dt.03-02-2023 2/2 committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners have no concern with alleged occurrence since they are living separately. He further submits that the husband of the deceased has already been in judicial custody. Petitioners have no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail.
Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Bhore P.S. Case No. 321 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.