Saroj Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20216 of 2017 Arising Out of PS.Case No. -635 Year- 2016 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Saroj Ram Son of Ramnath Ram Village- Sondihara,P.S. Bhabua, DistrictKaimur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Nandan Sahay, Advocate For the Opposite Party/s : Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 23-06-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner, who is the husband, is languishing in judicial custody since 02.01.2017 in connection with Bhabua P.S. Case No. 635 of 2016 registered for the offence punishable under Sections 304(B) and 201/34 of the Indian Penal Code. The prosecution case, as lodged by the father of the deceased, is that his daughter, who was married four years ago to the petitioner, has been killed by the petitioner and the in-laws on non-fulfilment of demand of dowry.

It has been submitted by the learned counsel for the petitioner that he is innocent, the independent witnesses have not supported the prosecution case and they have stated that the

Patna High Court Cr.Misc. No.20216 of 2017 (3) dt.23-06-2017 2/2 petitioner was not at the place of occurrence, the room was locked from inside and smoke was coming out of the room. He submits that the deceased had committed suicide and no case of abetment is made out against him. He further submits that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhabua P.S. Case No. 635 of 2016, subject to the condition that during trial petitioner will appear before the learned Court below on each and every date and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J.) Arjun/- U T