Ram Kumar @ Murari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13465 of 2019 Arising Out of PS. Case No.-81 Year-2018 Thana- CHACKMENSI District- Samastipur ====================================================== RAM KUMAR @ MURARI, aged about 30 years, Male, Son of Ram Lakhan Mahto, Resident of Village- Sormar Baghla, P.S.- Chakmehsi, DistrictSamastipur ... Petitioner

Versus

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

For the Petitioner :

Mr. Prem Prakash Poddar, Adv.

For the Opposite Party :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-03-2019 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner is languishing in judicial custody since 25.07.2018 in connection with Chakmehsi P.S. Case No. 81 of 2018 for the offences alleged under Sections 201, 304B and 34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his daughter, Navita Devi, was married to the petitioner six years back and has two children. She was tortured by the petitioner who is the husband and in-laws for non-fulfillment of demand of dowry and on 23.07.2018, all the in-laws, including the petitioner administered poison on his daughter and cremated the body, which the informant got to know the next day. It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in

Patna High Court CR. MISC. No.13465 of 2019(2) dt.08-03-2019 2/2 the aforesaid case. He submits that a compromise petition has been filed by the informant before the Chief Judicial Magistrate, Samastipur, dated 27.08.2018, as contained in Annexure 4, that his daughter died due to some disease. However, the said compromise has not been taken into consideration by the lower Court below.

Considering that there is a compromise between the parties, which has been annexed as Annexure 4, let the petitioner, above named, appear before the learned Court below, i.e., the Court of the learned Additional Chief Judicial Magistrate, Samastipur, in connection with Chakmehsi P.S. Case No. 81 of 2018 (G.R. No. 1773 of 2018) and the application for bail would be reconsidered by the learned Court below taking into consideration the compromise petition filed by the informant.

This application is disposed of accordingly.

(Nilu Agrawal, J) Shamshad/- U T