Bhagwat Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5202 of 2023 Arising Out of PS. Case No.-20 Year-2021 Thana- BHEJA District- Madhubani ====================================================== BHAGWAT RAM Son of Sita Ram Ram Resident of Village- Vasipatti, P.S.- Bheja, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 498A, 302, 228 and 34 of the Indian Penal Code and Sections 3/4 of the D.P. Act.

The allegation against the petitioner along with others is of killing the son of the informant by administering poison. It is further alleged that all accused persons including petitioner tried several times to commit murder of the informant and his

Patna High Court CR. MISC. No.5202 of 2023(3) dt.03-05-2023 2/3 son. The accused persons were also demanding of Rs. 2 lacs from the informant.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is the father of the deceased and husband of the informant. He submitted that during course of investigation one eye-witness namely Sangta Devi stated that loose motion has been started of Ritesh Kumar @ Sanjay Kumar (deceased) and due to darkness Sangeeta Devi(informant) given wrong medicine to the deceased due to this the informant's son died. He further submitted that from the perusal of the case diary, in vide paras-13 to 16 several independent witnesses have not supported the prosecution case. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 17.08.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail

Patna High Court CR. MISC. No.5202 of 2023(3) dt.03-05-2023 3/3 bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-III, Jhanjharpur, Madhubani in connection with Bheja P.S. Case No. 20 of 2021.

(Sunil Kumar Panwar, J) arish/- U T