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Patna High CourtCR. MISC./1103/2024bail granted

Binod Sao v. The State Of Bihar

2024-03-19Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1103 of 2024 Arising Out of PS. Case No.-472 Year-2022 Thana- KHIJARSARAI District- Gaya ====================================================== 1.

BINOD SAO S/O THAKUR SAO R/O VILL- HORMA, PSKHIZERSARAI, DIST- GAYA 2.

SUSHMA DEVI W/O- BINOD SAO R/O VILL- HORMA, PSKHIZERSARAI, DIST- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-03-2024

1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of regular bail in connection with Khizersarai P.S. Case no. 472 of 2022 registered under sections 304B, 201 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that the accused persons including the petitioners herein tortured his daughter for nonfulfilment of demand of dowry and ultimately she was killed and her body disposed of.

4. It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. The allegations are general and omnibus in nature.

Patna High Court CR. MISC. No.1103 of 2024(3) dt.19-03-2024 2/2 Admittedly, the informant is not eye witness to the occurrence. The petitioners are father-in-law and mother-in-law of the deceased and they are in custody since 28.8.2023. Referring to the contents of the supplementary affidavit it is submitted that the husband of the deceased has surrendered in the learned Court below on 13.1.2023.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R. being general and omnibus in nature, the petitioners being the father-in-law and mother-in-law of the deceased, the husband of the deceased being in custody, the petitioners being in custody for 6 months since 28.8.2023 and chargesheet having been submitted in the case, the Court directs both the petitioners to be enlarged on bail in connection with Khizersarai P.S. Case no. 472 of 2022 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, Gaya. (Partha Sarthy, J) Bibhash U T