IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32983 of 2025 Arising Out of PS. Case No.-86 Year-2005 Thana- BELHAR District- Banka ====================================================== 1. Arun Das S/o Late Mahendra Das Resident of Village- Tari Manjhgay, PS- Belhar, District- Banka 2. Dilip Das S/o Late Mahendra Das Resident of Village- Tari Manjhgay, PS- Belhar, District- Banka 3. Jaymanti Devi @ Devyanti Devi W/o Late Mahendra Das Resident of Village- Tari Manjhgay, PS- Belhar, District- Banka ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pranav Kumar Jha For the Opposite Party/s : Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 22-05-2025 Heard the learned counsel for the petitioner and learned APP for the State. 2. The petitioner makes a prayer for bail in connection with Belhar P.S Case No.86 of 2005 registered for offences under Sections 302, 201 and 34 of the Indian Penal Code. 3. The prosecution as disclosed in the First Information Report is that, all the accused persons including the three petitioners brutally assaulted the married daughter of the Patna High Court CR. MISC. No.32983 of 2025(2) dt.22-05-2025 2/4 informant in their house with means of lathi, danda and when she tried to escape, all accused persons grabbed her and threw her on a cot and killed her by pressing her neck and also cremated her dead body in a hurry on 24.07.2005. The informant came to know of the whole incident and when the informant reached the victim’s matrimonial home then the present F.I.R. was lodged. 4. Learned counsel for the petitioner submits that there is general and omnibus allegation in the F.I.R. against all the accused persons including the husband Yogendra Das, who was subsequently convicted in the separated trial and in his appeal filed before the Hon’ble High Court, his sentence has been suspended and has been granted bail vide order dated 20.02.2000 passed in Cr. Appeal (DB) No.926 of 2019, considering that there is no direct evidence against the appellant and his marriage had taken place with the deceased about 30 years ago and he was all along on bail during the trial. 5. Sofar as the present petitioners are concerned, the petitioner Nos.1 and 2 are the nephews of the deceased and the petitioner No.3 who is aged about 71 years is the gotni of the deceased. It has been submitted on behalf of the petitioners that the petitioners were residing separately from the deceased and Patna High Court CR. MISC. No.32983 of 2025(2) dt.22-05-2025 3/4 her husband and they had no role to play in their day-to-day affairs. It has also been submitted and stated in paragraph 12 of his petition that petitioner Nos.1 and 2 are illiterate persons and were living outside the State being engaged in daily wage work and were not aware of the case being pending against them too, hence, they could not surrender earlier. However, the present stage of the case is that the case of these petitioners have also been committed to the Court of Sessions, charges have been framed and the case is pending for evidence. 6. Taking into consideration the fact that the petitioners have surrendered and charges have been framed and the main accused, i.e. the husband of the deceased, is already on bail, I am inclined to grant the privilege of bail to the petitioners. 7. Considering the facts and circumstances, the petitioner is enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount, each to the satisfaction of learned District & Additional Sessions Judge-VII, Banka, in connection with Belhar P.S Case No.86 of 2005, subject to the condition that the petitioner shall co-operate in the investigation/trial. 8. However, with the further condition that the Patna High Court CR. MISC. No.32983 of 2025(2) dt.22-05-2025 4/4 petitioners would appear on each and every date before the learned Court below and in case of their absence on two consecutive dates without any reasonable cause, the learned Court below would be free to cancel the bail bonds of the petitioner. sharun/- (Soni Shrivastava, J) U T