Ramjee Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14946 of 2023 Arising Out of PS. Case No.-790 Year-2022 Thana- SONEPUR District- Saran ====================================================== RAMJEE RAI Son of Late Jwala Rai R/V- Rahimpur P.s- Sonepur Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 07.12.2022 in connection with Sonepur P.S. Case No.790/2022, F.I.R. dated 13.10.2022, for the offences punishable under Sections 304(B)/34 of the IPC.

According to prosecution case, it is alleged that the petitioner along with other family members have committed murder of the deceased due to non-fulfillment of the demand of dowery.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case merely on the ground that the petitioner is father-in-law of the deceased. He further submits

Patna High Court CR. MISC. No.14946 of 2023(2) dt.15-05-2023 2/3 that it appears from the F.I.R. that there is general and omnibus allegation against all the accused persons including the petitioner and the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 07.12.2022.

Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 the learned C.J.M., Saran at Chapra in connection with Sonepur P.S. Case No. 790/2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

Patna High Court CR. MISC. No.14946 of 2023(2) dt.15-05-2023 3/3

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T