Patna High Court - OrdersKedar Shukla & Anr vs State Of Bihar on 3 August, 2009Author:Kishore K. MandalBench:Kishore K. MandalIN THE HIGH COURT OF JUDICATURE AT PATNA
                             Cr.Misc. No.23466 of 2009
                              1.      KEDAR SHUKLA
                              2.      MINTU SHUKLA
                                           Versus
                                   STATE OF BIHAR
                                         -----------
2   03.08.2009Heard both sides.Petitioners, who are members of the sasural people of

                 the victim, have approached this court seeking bail in a case

                 instituted underSections 304B,201/34Indian Penal Code.Admittedly the death of the victim occurred within two

                 years of her marriage. The same was preceded by demand of

                 dowry and followed by torture. It appears that she was put to

                 flames in the matrimonial home. Learned counsel submits that

                 petitioner no. 1 is cousin(chachera) Father-in-law and petitioner

                 no. 2 is the brother-in-law of the victim. They have apparently no

                 role to play in the offence. Referring to impugned order, it is

                 contended that there is some material in the case diary to

                 indicate that the deceased on her own sprinkled kerosene oil and

                 set her on fire. It is contended that they are in custody since

                 4.12.2008.This court finds from the impugned order that having

                 regard to all aspects of the matter, the learned Sessions Judge

                 directed the public prosecutor conducting the case to produce all

                 the P.Ws within a period of 06 (six) months so that the trial itself

                 is concluded.Having regard to the material aforesaid, this court,

                 while declining the prayer made on behalf of the petitioners,2disposes of the present application in the following manner:Let the evidence of all the prosecution witnesses be

      concluded on or before 24th December, 2009 failing which the

      trial court shall enlarge the petitioners on bail furnishing bail bond

      of Rs. 10,000/- (ten thousand) with two sureties of the like

      amount each to its satisfaction.In the event, the petitioners are granted bail in terms of

      the present order, the same shall carry the following conditions.(i)             One of the bailers will be own/close

                                 family member of the petitioners.(ii)            The petitioners shall appear in person on

                                 each and every date fixed in the Court

                                 below. In case of default on two

                                 consecutive    occasions     without      any

                                 cogent/satisfactory    reason,    the     bail

                                 bonds   of    the   petitioners   shall    becancelled and thereafter the Trial Court

                                 will be at liberty to secure his arrest in

                                 accordance with law.( Kishore K. Mandal, J. )
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