Umesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31086 of 2015 Arising Out of PS.Case No. -40 Year- 2014 Thana -CHAKAMHESI District- SAMASTIPUR ======================================================

1. Umesh Ram Son of Late Kailu Ram Resident of village - Saidpur Kanua, Police Station Chak Mehsi, District - Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rana Sanjay Kumar Singh For the Opposite Party/s : Mr. M.K. Khare(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-12-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 302, 343 and 34 of the I.P.C Allegedly, the daughter of the petitioner was married with Santosh Ram, the son of the informant and there was strain relation between the wife and husband. The husband and his wife went to attend the marriage ceremony of cousin sister of his wife and thereafter the husband was done to death at his Sasural and his dead body was found in a hut near the house of the petitioner and the doctor has found the cause of death due to strangulation. Submission is of false implication, the petitioner is the father-in-law of the deceased. The deceased was habitual drinker

Patna High Court Cr.Misc. No.31086 of 2015 (5) dt.07-12-2015 2/3 and when the petitioner and his family members were all attending the marriage ceremony the deceased committed suicide after hanging himself with the rope and died and thereafter the informant being instigated by some of the enemies of the petitioner lodged this false case but knowing the reality the informant has filed application in the court below wherein he has not supported the earlier version. There is no specific allegation against the petitioner and he is suffering in custody since 13.04.2015. Charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence. The learned A.P.P. opposes prayer for bail by submitting the opinion of the doctor regarding the cause of death.

In the facts and circumstances as stated above, considering that charge sheet has already been submitted and against the petitioner there is no specific allegation and as such the petitioner above named 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 Sri Rakesh Kumar-III, J.M. 1st Class, Samastipur in Chak Mehsi P.S. Case No.

Patna High Court Cr.Misc. No.31086 of 2015 (5) dt.07-12-2015 3/3 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