Manoj Ram @ Bhola Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14864 of 2019 Arising Out of PS. Case No.-336 Year-2018 Thana- DHAKA District- East Champaran ====================================================== Manoj Ram @ Bhola Ram Son of Mansi Ram, Resident of Village- Lahan Dhaka, P.S.- Dhaka, District- East Champaran. ... ... Petitioner
Versus
The State of Bihar Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Kant Singh, Adv.
For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 21-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in connection with Dhaka P.S.Case No. 336 of 2018 registered under Section 304-B/34 of the Indian Penal Code.
It is submitted by the learned counsel for the petitioner that no case under Section 304-B of the Indian Penal Code is made out in the present case. The wife of the petitioner died a natural death after four years of marriage. Death was reported to the father of the deceased. He instituted a case under Section 304-B read with 34 of the Indian Penal Code against the petitioner. There was no attempt to dispose of the body. The body was recovered from the house of the petitioner, which was subjected to post-mortem examination and the post-mortem
Patna High Court CR. MISC. No.14864 of 2019(3) dt.21-05-2019 2/3 report does not show any bodily injury on the person of the deceased. The viscera was preserved at the time of post-mortem examination for opinion of forensic expert on 26.08.2018 but, till date, no viscera report has come. On the basis of these submissions, it has been submitted that there is nothing to suggest that the alleged victim died in other than natural circumstances.
Per contra, learned counsel for the State submitted that the informant, who is father of the deceased has alleged that the victim was being subjected to cruelty in her matrimonial home for non-fulfillment of demand of dowry.
Be that as it may, since the investigation against the petitioner is complete and it is not sure that the victim died an unnatural death, the petitioner, who is in custody since 03.09.2018, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Sikrahana, Dhaka, East Champaran in connection with Dhaka P.S. Case No. 336 of 2018, subject to the conditions :
(a) that the petitioner shall attend court in accordance with the conditions of the bond executed;
Patna High Court CR. MISC. No.14864 of 2019(3) dt.21-05-2019 3/3 (b) that the petitioner shall not commit an offence similar to the offence of the present case; and (c) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(Ashwani Kumar Singh, J) pradeep/- U