Vidhyachal Ram @ Bindhayachal Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9876 of 2025 Arising Out of PS. Case No.-316 Year-2023 Thana- LAURIA District- West Champaran ====================================================== Vidhyachal Ram @ Bindhayachal Ram Son of Satan Ram Resident of Village - Vriti Tola Mathiya, P.S. - Lauriya, District - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :
Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Lauriya P.S. Case No. 316 of 2023 registered for the offences punishable under Sections 304(B) of the Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act.
3. As per the prosecution story, there is allegation against the petitioner that on the alleged date of occurrence, he has killed his wife by strangulation due to non-fulfillment of dowry demand.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The prosecution story as alleged in the F.I.R. is totally
Patna High Court CR. MISC. No.9876 of 2025(3) dt.09-05-2025 2/3 false and concocted and far away from the truth. The petitioner is the husband of the deceased and neither any dowry has ever been demanded nor any cruelty has ever been committed with the deceased. The daughter of the informant namely Lal Chuni Kumari was married with the petitioner in 2016 and the couple is having one girl child, since after the marriage, both husband and wife used to live happily and before the present case, either the deceased or her family members had not lodged a single complaint for the demand of dowry.
5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
6. During the course of argument, learned counsel for the petitioner submits that marriage was solemnised between the deceased and petitioner in the year 2016 and after seven years, the alleged occurrence took place, so Section 304B of Indian Penal Code is not attracted. Furthermore, the Investigating Officer of this case has submitted the chargesheet after investigation under Section 306 of the Indian Penal Code. Learned counsel also submits that petitioner has never demanded any dowry and she committed suicide herself. In para 3 of the bail petition it is stated that the petitioner has clean antecedent and he is in custody since 03.07.2024. From perusal
Patna High Court CR. MISC. No.9876 of 2025(3) dt.09-05-2025 3/3 of the impugned order it is evident that the charge has already been framed against the petitioner in this case on 30.09.2024.
7. Keeping in view the aforesaid facts and considering the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Lauriya P.S. Case No. 316 of 2023 subject to the following conditions :- (i). Petitioner will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court. (ii). One of the bailor shall be his family member. (S. B. Pd. Singh, J) Ankit Kumar/- U T