Vikash Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14370 of 2022 Arising Out of PS. Case No.-355 Year-2020 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Vikash Ram Son of Radhe Ram Resident of Village - Madhopur, Ranitol, P.S. - Samastipur Muffasil, District - Samastipur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad, Advocate.

For the Opposite Party/s :

Mr. APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 13-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Samastipur Muffasil P.S. case no. 355 of 2020 registered for the offence punishable under Section 304(B) of the Indian Penal Code. Allegedly informant's daughter was tortured for the demand of Rs, 70,000/- by the accused persons including the petitioner and finally she was strangulated to death and her corpse was also burnt by the accused persons.

The main submissions advanced by learned counsel for the petitioner are that the allegation made in the FIR is totally false, in fact the deceased has died due to snake bite and the aforesaid fact was accepted by some material witnesses during

Patna High Court CR. MISC. No.14370 of 2022(2) dt.13-07-2022 2/2 investigation which is clearly evident in the order of learned Court below and more over against the petitioner there is no specific allegation and the deceased was his brother-in-law, and FIR of the present case was lodged after inordinate delay and the husband of the deceased is behind the bars and in respect of the petitioner the investigation has been completed.

Learned APP has opposed the prayer for bail.

Having considered the above submissions and mainly the facts that the specific role or act of the petitioner in the commission of the alleged cruelty with the deceased has not been revealed in the FIR and he is stated to be brother-in-law of the deceased and languishing in jail since 15.01.2022 and he has also taken plea that he is separated from the husband of the deceased since a long time, in my view a lenient approach can be taken in respect of petitioners' prayer let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Samastipur Muffasil P.S. case No. 355 of 2020.

(Shailendra Singh, J) siddharthkr/- U T