Ramesh Rai @ Ramesh Kumar Rai @ Ramesh Kr v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3940 of 2020 Arising Out of PS. Case No.-122 Year-2018 Thana- MINAPUR District- Muzaffarpur ====================================================== Ramesh Rai @ Ramesh Kumar Rai @ Ramesh Kr S/o Ajab Lal Rai R/o village- Mohanpur, P.S.- Minapur, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashi Bhushan Singh, Advocate For the Opposite Party/s :
Mr.Satyavrat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-01-2020 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Minapur P.S. Case No. 122 of 2018 G.R. No. 1330/18, registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.
Informant filed a complaint petition bearing Complaint Case No. 239 of 2018 on the basis of which the present F.I.R was lodged. It is alleged in the complaint petition that informant's daughter was married with one Pankaj Kumar in the year 2012. After marriage, Pankaj Kumar along with family members started torturing his daughter and demanded Rs. 1,00,000/-. On 28.01.2018, all the accused persons including this petitioner killed his daughter due to non-fulfillment of demand.
Patna High Court CR. MISC. No.3940 of 2020(2) dt.22-01-2020 2/3 It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case. From the FIR, it appears that case has been instituted under Sections 302, 201 and 34 of the Indian Penal Code. There is general and omnibus allegation against this petitioner. Petitioner is brother-in-law (Bhaisur) of the deceased. Petitioner used to live separately with his brother Pankaj Kumar and has no concern with the family affairs of his brother and the deceased. Petitioner is in custody since 22.11.2019 having clean antecedent.
Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Minapur P.S. Case No. 122 of 2018, subject to the following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
Patna High Court CR. MISC. No.3940 of 2020(2) dt.22-01-2020 3/3 (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T