Govind Ram @ Govinda Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19393 of 2019 Arising Out of PS. Case No.-319 Year-2012 Thana- KUCHAIKOTE District- Gopalganj ====================================================== GOVIND RAM @ GOVINDA RAM Son of Paras Ram Resident of Village - Ishawapur, P.S.- Kuchaikot, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhramveer For the Opposite Party/s :

Mr.Bharat Bhushan(App156) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 304B and 201 of the Indian Penal Code. Allegation against the petitioner is of committing torture and thereafter caused death of the victim due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 7.8.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The witnesses in paragraphs 7, 8, 9, 10, 17 and 23 of the case diary have consistently stated that

Patna High Court CR. MISC. No.19393 of 2019(3) dt.29-04-2019 2/2 the deceased has fled away on her own sweet will. In the past also, such incidence used to happen. After investigation, the police has not found the case to be true under Section 304B IPC. Charge-sheet has been submitted for an offence under Section 364 IPC. It is further submitted that there is no allegation or any material to show that the petitioner has forcibly committed an offence of abduction. The petitioner has been made accused due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that 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 Additional District & Sessions Judge -VIII, Gopalganj in connection with Kuchaikot P.S. Case No. 319/12 (S. Tr. No. 676 of 2018).

(Sudhir Singh, J) Pankaj/- U T