Laxman Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5880 of 2022 Arising Out of PS. Case No.-115 Year-2021 Thana- RAGHUNATHPUR District- Siwan ====================================================== LAXMAN RAM S/o Late- Lajpati Ram Resident of Village- Amwari, P.S.- Raqghunathpur, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arbind Kumar Singh For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 02-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Raghunathpur P.S. Case No. 115 of 2021 registered for the offences punishable under Sections 304(B), 120(B), 34 of the Indian Penal Code.

As per prosecution case, the marriage of informant's daughter was solemnised on 15.06.2019. It is alleged that there was demand of Rupees one lakh and Passion Pro motorcycle. It is further alleged that the petitioner and others committed the murder of informant's daughter by giving poison and pressing the neck while she was carrying pregnancy

Patna High Court CR. MISC. No.5880 of 2022(3) dt.02-08-2022 2/3 of two months.

Learned counsel for the petitioner submits that petitioner is in custody since 29.07.2021 petitioner bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel for the petitioner further submits that petitioner is falsely implicated in this case because petitioner is father-in-law of the deceased and lives separately from deceased by mess and business. It has been further submitted that petitioner was suffering from Psychopathic disease.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and as petitioner was living separately from deceased by mess and business and there is no likelihood of tampering with the prosecution evidence and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.5880 of 2022(3) dt.02-08-2022 3/3 satisfaction of learned A.CJ.M.-VI, Siwan in connection with Raghunathpur P.S. Case No. 115 of 2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) sanjeev/- U T