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Patna High CourtCR. MISC./13356/2021allowed

Kapleshwar Ram @ Kapil Ram v. The State Of Bihar

2021-08-09Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13356 of 2021 Arising Out of PS. Case No.-286 Year-2019 Thana- GORAUL District- Vaishali ====================================================== Kapleshwar Ram @ Kapil Ram S/O Bijan Ram Resident Of VillageChakiya, P.S.- Goraul, District- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Prakash Sinha For the Opposite Party/s :

Mr. Surendra Pd. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-08-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Goraul P.S. Case No. 286 of 2019 registered for the offence punishable under Section 304 (B)/34 of the Indian Penal Code.

As per the prosecution case, allegation against the petitioner is that petitioner along with his son and other family members killed daughter of the inforamt due to non fulfilment of dowry demand. It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. He submits that there

Patna High Court CR. MISC. No.13356 of 2021(2) dt.09-08-2021 2/2 is no specific overt act against the petitioner and petitioner is the father-in-law of the deceased. He further submits that bail of the husband of deceased was rejected vide order dated 01.07.2021 in Cr. Misc. No. 13974 of 2021 by a Co-ordinate Bench of this Court. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent and has been languishing in custody since 13.06.2020. Learned APP for the State opposed the bail petition. Considering the facts aforesaid and the fact that petitioner is the father-in-law of the deceased and husband of the deceased is in jail custody, the above named petitioner is directed to be enlarged on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Goraul P.S. Case No. 286 of 2019.

(Anjani Kumar Sharan, J) GAURAV S./- U T