Chandradeo Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.12719 of 2016 (2) dt.28-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12719 of 2016 Arising Out of PS.Case No. -203 Year- 2015 Thana -KUCHAIKOTE District- GOPALGANJ ====================================================== CHANDRADEO RAM son of late Chokat Ram resident of village Hembardaha P.S. Kuchaikote Dist. Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Pandey For the Opposite Party/s Mr. Lalan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 28.03.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner being father-in-law is languishing in jail custody since 08.12.2015 in a case registered under section 304B/34 of the Indian Penal Code.

There is accusation against the petitioner and other accused that they used to torture the deceased due to non-fulfillment of dowry demand and subsequently, deceased was burnt to death but it has not been mentioned in the written report as to when marriage of the deceased was solemnized and as to whether she died within seven years of marriage or not but in spite of that police registered case under section 304B/34 of the Indian Penal Code. Learned Addl. Sessions Judge I, Gopalganj has also not mentioned year of marriage of the deceased.

Moreover, submission on behalf of the petitioner is that deceased was caught in fire accidentally while she was cooking meal

Patna High Court Cr.Misc. No.12719 of 2016 (2) dt.28-03-2016 and later on, when informant came to know about real fact, he filed a petition before CJM exonerating the petitioner and others accused from the charges.

Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, keeping in mind that the petitioner happens to be father-in-law and husband of the deceased has already surrendered before the court below, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in Kuchaikote P.S. Case no. 203/2015. shahid (Hemant Kumar Srivastava,J) U T