Chandan Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14469 of 2020 Arising Out of PS. Case No.-124 Year-2019 Thana- LAKHNAUR District- Madhubani ====================================================== 1.

CHANDAN KUMAR RAM S/o Late Lalit Ram Resident of VillageGanakarpur, P.S.- Lakhanur, Distt- Madhubani. 2.

Dhanik Lal Ram S/o Jagdev Ram Resident of Village- Ganakarpur, P.S.- Lakhanur, Distt- Madhubani.

3.

Narayan Mochi @ Narayan Ram S/o Ramroop Mochi Resident of VillageGanakarpur, P.S.- Lakhanur, Distt- Madhubani. 4.

Pradeep Ram @ Sandeep Ram S/o Jagdev Ram Resident of VillageGanakarpur, P.S.- Lakhanur, Distt- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-11-2020 The present case was heard at length on 05.11.2020 and today, it has been listed under the heading "For Orders". This is an application for grant of anticipatory bail in connection with Lakhnaur PS case no. 124 of 2019 registered for the offences punishable under Sections 302, 201, 341, 323, 379/34 of Indian Penal Code.

The allegation is regarding the petitioners having participated in the funeral ceremony of the deceased Poonam Devi who is stated to have been murdered by her husband and her in-laws as also had tried to destroy the evidence.

Patna High Court CR. MISC. No.14469 of 2020(5) dt.10-11-2020 2/3 The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case and are having clean antecedent. It is further submitted that at best, the petitioners can be said to be the participants in the funeral ceremony of the deceased and infact, no allegation has been levelled against them of having killed the deceased.

I have heard the learned counsel for the parties and gone through the materials on record as also perused the case diary in question. It is apparent from the records that there is no evidence regarding the petitioners having killed the deceased victim lady, inasmuch as she is stated to have been killed by her husband namely Sanjeet Ram and moreover, a general kind of allegation has been levelled against the petitioners of having participated in the last rites of the deceased victim lady, hence I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail, however subject to certain conditions. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs.

Patna High Court CR. MISC. No.14469 of 2020(5) dt.10-11-2020 3/3 Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st class, Jhanjharpur (Madhubani) in connection with Lakhnaur PS case no. 124 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

This Court further directs that since the investigation of the present case is going on, the petitioners herein shall appear before the Officer-in-charge of the concerned police station on each and every Monday of the week at 10.00 AM and co-operate with the Investigating Officer and in case of two consecutive defaults in appearing before the said Officer-in-charge, the present privilege of bail being granted to the petitioners herein shall stand cancelled automatically and the petitioners would be taken into custody forthwith. (Mohit Kumar Shah, J) rinkee/- U T