Ram Naresh Singh @ Ram Naresh Prasad Singh @ Ram Naresh Prasad And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39639 of 2017 Arising Out of PS.Case No. -78 Year- 2017 Thana -MOKAMAH District- PATNA ======================================================
1. RAM NARESH SINGH @ RAM NARESH PRASAD SINGH @ RAM NARESH PRASAD, Son of Late Narayan Singh,
2. Sunaina Devi, Wife of Ram Naresh Singh @ Ram Naresh Prasad Singh. Both are resident of Village- Shankarbar Tola, Mokama, Ward No. 15, Police Station- Mokama in the district of Patna. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-08-2017 Heard learned counsel for the petitioners and the State. The petitioners are in custody in Mokama P.S. Case No.78/17 for the offence under Section 304(B) / 34 of the I.P.C. The petitioners who happens to be parents-in-law of the daughter of the informant along with other accused persons are said to have demanded dowry and subjected her to torture for the said demand and not accorded her medical aid on falling ill resulting into her death.
It is submitted by the learned counsel for the petitioners that the petitioners happens to be the parents-in-law of the deceased. Husband of the deceased is already in custody. Though
Patna High Court Cr.Misc. No.39639 of 2017 (3) dt.19-08-2017 2/3 the Doctor has found fracture in rib and ligature mark on her neck but no cause of death has not been opined rather reserved his opinion subject to viscera report. As a matter of fact,the deceased had died due to cardiac respiratory arrest during course of treatment in Nazaret Hospital, Mokama.
On the other hand, the learned A.P.P. assisted by the counsel for the informant vehemently opposed the prayer of the petitioner and submitted that the deceased was done to death by the petitioners including other co-accused persons on account of non-fulfillment of dowry demand by strangulating her neck. Post mortem report shows that there was fracture of 4th and 5th cervical vertebrae and rupture of trachea in the middle of neck was found on dissection, From perusal of the documents filed by the petitioners it appears that the deceased was treated by the petitioners. On 08.06.2017, i.e., on the date of death the deceased was admitted in the hospital with complain of fiver and cough. Subsequently her condition got deteriorated and ultimately she died due to cardiac respiratory arrest on the said date. The death certificate issued by the said hospital shows that the deceased had died due to cardiac respiratory arrest. The petitioners are in custody since 09.06.2017. In view of the facts and circumstances of the case, let the
Patna High Court Cr.Misc. No.39639 of 2017 (3) dt.19-08-2017 3/3 petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of A.C.J.M., Barh, in Mokama P.S.Case No.78/17 corresponding t G.R. No.850/17.
(Prakash Chandra Jaiswal, J) AnilKrSinha/- U