Upendra Ram And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31454 of 2017 Arising Out of PS.Case No. -67 Year- 2017 Thana -BIHRA District- SAHARSA ======================================================
1. Upendra Ram, Son of Late Bauna Ram,
2. Tarni Ram, Son of Late Sukhdeo Ram,
3. Bechan Ram, Son of Chano Ram @ Ram Kishun Ram, All are Resident of Village- Bara, P.S.- Bihra, District- Saharsa. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-07-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
Petitioners are languishing in judicial custody since 23.03.2017 in connection with Bihra P.S. Case No. 67 of 2017 registered for the offence punishable under Sections 304(B), 120(B) and 201 of the Indian Penal Code. The prosecution case, as lodged by the brother of the deceased, Chhoti Devi @ Kavita Devi, is that the husband and the in-laws including petitioner no.1 have killed his sister and petitioner nos. 2 and 3 along with other 8-9 persons were responsible for disposing of her dead
Patna High Court Cr.Misc. No.31454 of 2017 (2) dt.12-07-2017 2/3 body.
It is submitted by the learned counsel for the petitioners that petitioner no.1 is the cousin father-in-law of the deceased and petitioner nos. 2 and 3 are co-villager and nothing specific has been alleged against them, allegation being general and omnibus. He submits that considering the nature of offence, as alleged and the period of custody, a sympathetic view may be taken. 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 petitioners, named above, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with Bihra P.S. Case No. 67 of 2017, subject to the condition that petitioners will appear before the learned Court below during trial as
Patna High Court Cr.Misc. No.31454 of 2017 (2) dt.12-07-2017 3/3 and when required and failure to appear before the learned Court below on three consecutive dates without assigning any reason will entail cancellation of their bail bonds. (Nilu Agrawal, J.) Arjun/- U T