Lalbabu Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.551 of 2025 Arising Out of PS. Case No.-153 Year-2023 Thana- DHANSOI District- Buxar ====================================================== 1.
Lalbabu Ram Son of Late Loha Ram Resident of village- Madhubani, PsDhansoi, Dist- Buxar 2.
Chitrarekha Devi @ Chitrarekha Kumari Wife of Lalbabu Ram Resident of village- Madhubani, Ps- Dhansoi, Dist- Buxar 3.
Sonu Ram son of Late Loha Ram Resident of village- Madhubani, PSDhansoi, Dist- Buxar 4.
Sunita Devi Wife of Sonu Ram Resident of village- Madhubani, PsDhansoi, Dist- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr.Kamal Deo Sharma, Advocate For the Opposite Party/s :
Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 19-04-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. In the present case, the petitioners seek bail in connection with Dhansoi P.S. Case No. 153 of 2023 registered for the alleged offences under Section 302/34 of the Indian Penal Code.
3. As per prosecution case, the petitioners Lalbabu Ram and Chitrarekha Devi strangulated to death the wife of the informant. The name of other petitioners transpired during investigation for also being involved in the said occurrence.
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4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. Actually the informant of the present case is the own brother of the petitioners Lalbabu Ram and Sonu Ram and petitioners Chitrarekha Devi and Sunita Devi are the wives of the two brothers, respectively. Learned counsel further submits that subsequently the informant was also made accused in this case as the police after investigation submitted charge sheet under Section 304B/34 of the Indian Penal Code against the petitioners and others.
Learned counsel further submits that during investigation it has come in the evidence of independent witnesses that the wife of the informant committed suicide by hanging herself from ceiling and on being pressurized by his inlaws, the informant named own brother and sister-in-law for strangulating his wife to death. Even when the police visited the place of occurrence, it has been noted that the wife of the informant committed suicide by hanging herself. Learned counsel further submits that prior to death, the victim was admitted in hospital by the husband and sister-in-law of the deceased and the deceased had found breathing. From postmortem report it also appears that there has been no external injury on the victim.
3/4 15.10.2024 and charge sheet has been submitted. The petitioners are having no criminal antecedent.
5. Learned APP opposes the submission made on behalf of the petitioners. Learned APP submits that it is a case of dowry death and the petitioners are in-laws of the deceased.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the doubtful nature of allegation against the petitioners who are inlaws of the deceased and further considering the submission of charge sheet and period of custody of the petitioners and their clean antecedent, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar/concerned Court in connection with Dhansoi P.S. Case No. 153 of 2023, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions : (i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below.
4/4 (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) DKS/- U T