Jitendra Ram @ Jitendra Kumar Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.3998 of 2017 (2) dt.28-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3998 of 2017 Arising Out of PS.Case No. -171 Year- 2016 Thana -GOPALPUR District- BHAGALPUR ====================================================== Jitendra Ram @ Jitendra Kumar Ram, son of Sitaram Ram, resident of village - Tetri, P.S. - Nawgachhiya, District - Bhagalpur. .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Y. C. Verma, Sr. Advocate Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Sri Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-02-2017 Heard learned Sr. Counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Gopalpur P.S. Case No. 171 of 2016 registered for the offences punishable under Sections 304(B), 328, 201/34 of the Indian Penal Code. Kanchan Devi, the daughter of the informant, was married to petitioner Jitendra Ram two years ago and out of the wedlock there is a son. Allegedly, the in-laws were torturing Kanchan Devi for not fulfilling the demand of dowry and they were pressurizing her to bring a motorcycle and T.V. and ultimately, she was poisoned to death and her dead body was thrown in the river.

Submission is of false implication and that the petitioner is deaf and dumb, he is 90 % handicapped, he has been granted

Patna High Court Cr.Misc. No.3998 of 2017 (2) dt.28-02-2017 certificate in this regard, District Social Security Wing has granted certificate to him and further the informant after realizing the truth has filed petition in the court of learned C.J.M., Naugachhiya regarding innocence of the petitioner and others vide annexure-3 and as such the petitioner deserves sympathetic consideration. Learned APP submits that now the informant is retracting from her earlier 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 the learned A.C.J.M. 1, Naugachhiya in connection with Gopalpur P.S. Case No. 171 of 2016, subject to the conditions that one of the bailors must be a 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 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) avin/- U T