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Patna High CourtCR. MISC./55702/2015bail granted

Karan Kumar Ram v. The State Of Bihar

2016-02-12Mr. Justice Jitendra Mohan Sharma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55702 of 2015 Arising Out of PS.Case No. -260 Year- 2015 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Karan Kumar Ram, Son of Rajesh Prasad Ram @ Raju Ram, resident of Village- Sonpura, P.S.- Udwant Nagar, District- Bhojpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vinod Kumar, Advocate For the Opposite Party/s : Mr. Ashraf Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-02-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offences punishable under sections 304(B) and 201/34 of the Indian Penal Code.

Suman Kumari, the daughter of the informant was married to the petitioner on 6.2.2011 and due to non-fulfillment of demand of motorcycle and golden chain, she was being tortured by the petitioner and other in-laws and ultimately, she was poisoned to death and further they made the dead body traceless. Submission is of false implication and that there was cordial relation between the petitioner and his wife, out of the wedlock, there is three years old daughter, the petitioner never

Patna High Court Cr.Misc. No.55702 of 2015 (4) dt.12-02-2016 2/3 demanded anything, the wife of the petitioner became ill and then she was taken for treatment in Sadar Hospital, Ara and from where she was referred to P.M.C.H., Patna, but in the way of Patna P.M.C.H., she died, copy of receipt of Ara Sadar Hospital is Annexure-2, during investigation, the informant before supervising authority has stated that his daughter died due to illness vide paragraph-34 of the case diary and further the informant has filed petition in the court below in this regard showing innocence of the petitioner. The petitioner is suffering in custody since 28.9.2015 and as such, now deserves sympathetic consideration.

The learned A.P.P. fairly submits that now the informant is not ready to support the prosecution version. In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Ara in connection with Udwant Nagar P.S. Case No.260 of 2015, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and

Patna High Court Cr.Misc. No.55702 of 2015 (4) dt.12-02-2016 3/3 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) N.H./- U T