Chunnu Ram @ Chunu Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9529 of 2022 Arising Out of PS. Case No.-101 Year-2019 Thana- DHANSOI District- Buxar ====================================================== Chunnu Ram @ Chunu Ram, Son of Late Mohar Ram Resident of Village - Kala Kaithhar, Police Station - Dhansoi, District - Buxar. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashank Shekhar, Advocate For the Opposite Party/s :
Mr.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-08-2022 Heard learned counsel for the petitioner and learned APP for the State.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Dhansoi P.S. Case No. 101 of 2019, registered for the alleged offences under Sections 304 (B)/34 of the Indian Penal Code.
As per the prosecution case, the petitioner and other co-accused persons killed the daughter of the informant on account of their demand of dowry within one month of marriage. The petitioner is stated to be the father-in-law of the deceased.
Patna High Court CR. MISC. No.9529 of 2022(2) dt.01-08-2022 2/3 Learned counsel for the petitioner submits that the daughter of the informant died in an accidental fire and the petitioner never tortured her for any demand. Even the informant in her deposition before the learned trial court has stated that the daughter of the informant was living happily in her matrimonial home and there was no demand of dowry. The husband of the deceased has been acquitted in Sessions Trial No. 97 of 2020 vide order dated 23.03.2021. The bail petition of the petitioner was earlier rejected probably due to the fact that the petitioner has been absconding for more than two years in this case. The charge sheet has been submitted in this case and the petitioner is in custody since 22.11.2021.
Learned APP opposes the prayer for bail submitting that there is specific allegation against this petitioner that he demanded Rs.5,000/- and a TVS motorcycle and also threatened his daughter-in-law that they would kill her. Having regard to the facts and circumstances of the case and the submissions made hereinabove and further considering the acquittal of the husband of the deceased by the learned trial court and further considering the submission of charge sheet and the period of custody of the petitioner, he is directed to be released on bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.9529 of 2022(2) dt.01-08-2022 3/3 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Buxar, in connection with Dhansoi P.S. Case No. 101 of 2019, subject to the conditions mentioned in Section 437
(3) of the Code of Criminal Procedure and also the following conditions :
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) V.K.Pandey/- U T