Yogendra Ram @ Suresh Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10888 of 2024 Arising Out of PS. Case No.-148 Year-2020 Thana- LAURIA District- West Champaran ====================================================== Yogendra Ram @ Suresh Ram Son of Sri Mukhi Ram R/o vill - Sitapur, P.s. - Lauriya, Distt. - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharad Kumar Verma, Advocate For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Sessions Trial No.118 of 2022, arising out of Lauriya P.S. Case No.148 of 2020, lodged on 21.09.2020, under Section 302/34 of the Indian Penal Code.
3. As per the prosecution, the informant alleged that on 20.09.2020, his daughter went to attend the nature's call but did not return. Thereafter, the informant came to know that her daughter was hung in the orchard of mango towards west side of the village. The informant raised suspicion against the FIR named accused persons including the petitioner that they committed murder of his daughter.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.10888 of 2024(2) dt.22-02-2024 2/3 petitioner is innocent and has committed no offence. He submits that the offence has been caused by the informant side himself and name of the entire family has been involved in the present case. Counsel submits that charge has already been framed and evidence of prosecution witness has started and no purpose shall be solved keeping the petitioner in custody, particularly when the case is based on suspicion. The petitioner is in custody since 14.02.2023 having no criminal antecedent.
4. Learned counsel for the State opposes the prayer for bail.
5. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II, West Champaran at Bettiah, in connection with Sessions Trial No.118 of 2022, arising out of Lauriya P.S. Case No.148 of 2020, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:
(i) One of the bailor should be the family member of the petitioner who shall provide official document to show his
Patna High Court CR. MISC. No.10888 of 2024(2) dt.22-02-2024 3/3 bona fide;
(ii) The petitioner shall appear on each and every date before the trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the trial court itself;
(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the state shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioner shall desist from committing any criminal offence again, failing which the state shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T