Sakaldeo Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11622 of 2016 Arising Out of PS.Case No. -163 Year- 2014 Thana -KISHUNPUR District- SUPAUL ======================================================

1. Sakaldeo Ram son of Shri Sitaram Ram, resident of Village- Baurha, P.S. Kishanpur, District Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Sangita Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 304 B and 201/34 of the I.P.C Rubi Devi, the daughter of the informant, was married to the petitioner five years ago and out of the wedlock there is a son aged two years and a daughter aged seven months and allegedly due to non fulfillment of demand of Rs. 50,000/- the petitioner and other in-laws strangulated her to death and burnt her dead body and thereafter after keeping in a gunny bag the burnt material threw the same in the river.

Submission is of false implication and that there was cordial relation between the petitioner and his wife, no demand

Patna High Court Cr.Misc. No.11622 of 2016 (4) dt.20-05-2016 2/2 was ever made, the wife of the petitioner died due to diarrhea and the informant after realizing the truth has filed petition and affidavit in the learned court below in this regard, vide Annexures2 and 2/A of this application, the petitioner without any fault is suffering in custody since 11.12.2015 after his surrender. The learned A.P.P. submits that now the informant is retracting from his earlier version.

In the facts and circumstances as stated above, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Supaul in Kishanpur P.S. Case No. 163 of 2014/ G.R. No. 1479 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T