Yogendra Sada @ Yoginder Sada @ Joginder Sada v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83291 of 2023 Arising Out of PS. Case No.-62 Year-2023 Thana- CHHATAPUR District- Supaul ====================================================== 1.
Yogendra Sada @ Yoginder Sada @ Joginder Sada Son Of Jagdish Sada Resident Of Village - Lalpur, Ward No.14, P.S. - Chhatapur, District - Supaul 2.
Poonam Devi Daughter Of Yogendra Sada Resident Of Village - Lalpur, Ward No.14, P.S. - Chhatapur, District - Supaul ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-03-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners seek regular bail in connection with S.T. No.252 of 2023, arising out of Chhatarpur P.S. Case No. 62 of 2023, lodged on 01.03.2023, under Sections 302/201/34 of the I.P.C.
3. As per the prosecution, FIR has been lodged against four named accused persons including the present petitioners against whom there is allegation that all accused persons in connivance with each other have killed the informant's son when he went to his Sasural.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.83291 of 2023(3) dt.21-03-2024 2/3 petitioners are innocent and have committed no offence. He submits that the petitioner No.1 is the father-in-law and petitioner No.2 is the wife of the deceased. The said occurrence took place at the Sasural of the deceased. Counsel submits that the deceased along with his wife and children came to Sasural and staying there since last 7-8 days. Due to petty issues the deceased has committed suicide. The information of suicide has well communicated to the informant. They immediately reached at the house of the petitioners and cremation took place. After one day of the occurrence, the present FIR has been filed. Counsel submits that the petitioners antecedent are clean and they are in custody since 02.03.2023. Counsel further submits that charge has already been framed and trial has started. He submits that no purpose shall be served keeping the petitioners in custody. Counsel further submits that the actual victim is the petitioners.
5. Learned counsel for the State opposes the prayer for bail but submits that charge has already been framed.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioners, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like
Patna High Court CR. MISC. No.83291 of 2023(3) dt.21-03-2024 3/3 amount each to the satisfaction of learned Sessions Judge, Supaul, in connection with S.T. No.252 of 2023, arising out of Chhatarpur P.S. Case No.62/2023, subject to the following conditions:
(i) One of the bailor should be the family member of the petitioners who shall provide official document to show his bona fide;
(ii) The petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bonds by the Trial Court itself; (iii) The petitioners shall appear before the concerned police station every month for one year to mark attendance; (iv) The petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T