Manoj Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20151 of 2021 Arising Out of PS. Case No.-43 Year-2020 Thana- MADHAURAH District- Saran ====================================================== Manoj Ram Son Of Gautam Ram R/O Village- Mubarakpur, P.S.- Marhowrah, District- Saran At Chapra.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Narendra Kumar, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-07-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 498A/304B/34 of the Indian Penal Code.

As per the prosecution case, petitioner along with his family members subjected the informant's daughter to cruelty and harassment for dowry and when the demand of dowry was not fulfilled, the accused persons killed informant's daughter. Learned counsel for the petitioner submits that the petitioner happens to be brother of husband of the deceased. There is general and omnibus allegation against him. Petitioner lives separately and is no way concerned with the affairs of the victim and her husband. For the same occurrence, a counter case bearing Complaint case no. 299 of 2020 has also been filed by

Patna High Court CR. MISC. No.20151 of 2021(2) dt.23-07-2021 2/3 one of the co-accused Lagandeo Ram. Petitioner is in custody since 10.9.2020. Husband of the victim is already in custody. Learned counsel for the State opposes the prayer for bail and submits that as per allegation, petitioner in league with his family members killed the informant's daughter in a planned conspiracy.

Considering the rival submissions of the parties, materials available on the record and the fact that there is general and omnibus allegation against the petitioner, let the petitioner, mentioned above, 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 Smt. Kiran Ojha, Judicial Magistrate First class, Saran at Chapra in Marhowrah Police Station Case No. 43 of 2020 on the following conditions:-

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.20151 of 2021(2) dt.23-07-2021 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T