Bhulan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32971 of 2017 Arising Out of PS.Case No. -737 Year- 2015 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Bhulan Ram Son of Ram Parvesh Ram, Resident of Village- Madhaul, P.S.- Desri (Chandpura O.P.), District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Niraj Kumar For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 21.10.2016 in connection with Hajipur Town P.S. Case No. 737 of 2015 for offence punishable under Section 364/34of the Indian Penal Code.

The complaint case was lodged by the informant Jaleshwari Devi which was later on sent under 156(3) Cr.P.C. and converted into the present P.S. Case, alleging therein that her daughter-in-law Sunita Devi had illicit relationship with the petitioner and her son Tunnu Ram was taken away by him on the pretext of illness of his wife Sunita Devi who was in her

Patna High Court Cr.Misc. No.32971 of 2017 (4) dt.13-09-2017 2/3 parental home and thereafter, the informant's son Tunnu Ram did not return.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that the informant's son was a married man and only on the basis of suspicion, the petitioner has been made accused. He further submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail stating therein that the son of the informant is still traceless.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Hajipur Town P.S. Case No. 737 of 2015, subject to the condition that one of the bailor would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the

Patna High Court Cr.Misc. No.32971 of 2017 (4) dt.13-09-2017 3/3 concerned police station/ court, who will file an affidavit stating his relationship with the petitioner. and that petitioner will appear before the learned court below during trial as and when required and failure to appear on each and every date without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J) sushma/- U