Nanhu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8417 of 2019 Arising Out of PS. Case No.-26 Year-2017 Thana- SIMRA District- Aurangabad ====================================================== NANHU RAM, aged about 41 years, Gender Male, Son of Late Kuer Ram Resident of village - Nain Bigha, P.S. Simra, District Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 326, 307 and 504/34 of the Indian Penal Code.

Petitioner is elder brother of the husband of the informant. Informant is victim of death. She has alleged that all the family members including the petitioner poured kerosene oil on her body and burnt her to death for the reason that they were suspecting the chastity of the informant.

Earlier prayer for bail was refused on 19.07.2018 in Cr. Misc. No. 28328 of 2018 vide Annexure-1. However, on 26.09.2018, a Coordinate Bench of this Court had allowed bail to the husband of the informant in Cr. Misc. No. 39064 of 2018 and the report of the learned trial Judge reveals that even after

Patna High Court CR. MISC. No.8417 of 2019(3) dt.27-03-2019 2/2 framing of the charges on 10.08.2018, no prosecution witness has been examined up till now.

In view of the aforesaid changed circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Simra Police Station Case No. 26 of 2017, subject to the condition that the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T