Dhanilal Mali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83789 of 2023 Arising Out of PS. Case No.-211 Year-2023 Thana- CHAKIA District- East Champaran ====================================================== 1.
Dhanilal Mali S/O Hitalal Mali @ Hitlal Mali R/O Village- Siswan Patna, P.S- Kesariya, Distt.- East Champaran.
2.
Yogendra Mali S/O Late Lalchan Mali R/O Village- Ghasipakad, P.SChakiya, Distt.- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar, Adv.
For the Opposite Party/s :
Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners seek regular bail in connection with Chakia P.S. Case No.211 of 2023 lodged under Sections 304B and 34 of the I.P.C.
3. As per the prosecution case, the F.I.R. has been lodged against three named and two unknown accused persons including the petitioners against whom there is allegation of killing informant's daughter.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He submits that petitioner No.1 is brother-in-law and petitioner No.2 is father-in-law of the deceased.
5. Counsel further submits that the present case has been lodged under Section 304B of the I.P.C. and husband of the deceased is already in custody about which the specific statement has been made in paragraph 11 of the bail application.
Patna High Court CR. MISC. No.83789 of 2023(4) dt.21-03-2024 2/2
6. Counsel further submits that petitioners are in custody since 11.06.2023 having clean antecedent and chargesheet has already been filed in this case. He also submits that there are general and omnibus allegation against the petitioners.
7. Learned counsel for the State opposes the prayer for bail and submits that those accused persons have stayed in the night at the house where the occurrence took place.
8. Learned counsel for the informant vehemently opposes the prayer for bail and submits that there is direct involvement of the present petitioners.
9. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail, after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, East Champaran, in connection with Chakia P.S. Case No.211 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.
(Dr. Anshuman, J.) Prakashmani/- U T