Rahul Kumar Raman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18018 of 2020 Arising Out of PS. Case No.-175 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== RAHUL KUMAR RAMAN, Son of Late Sachindra Kumar Raman, Resident of Village-Sadiquepur Saraiya Kothi, P.S-Saraiya, District-Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pravin Kumar,Adv.
For the Opposite Party/s :
Mr.Navin Kumar Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-06-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 304(B, 201/34 of the Indian Penal Code.
Informant who is father of deceased has stated that petitioner and his in-laws killed her daughter due nonfulfillment of demand of dowry. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Deceased went missing from her matrimonial home since
Patna High Court CR. MISC. No.18018 of 2020(2) dt.09-06-2020 2/3 16.03.2019 and informant's family was informed and for which FIR was instituted in which they are witness (Annexure-2). Daughter of the informant died due to rail accident and her dead body was found on railway track near Railway station Turki on 16.03.2019 at 10:30 PM for which U.D. Case No. 13 of 2019 was instituted by Rail Police, Muzaffarpur. In the U.D. Case the police had stated that it appears to be train accident.
Postmortem was conducted on 17.03.2019 and Postmortem report also corroborates death due to rail accident. FIR was instituted on 24.03.2019 i.e. after 7 days of occurrence. Similarly placed co-accused have been granted Anticipatory Bail by a co-ordinate Bench of this court vide order dated 27.11.2019 passed in Cr. Misc. No. 69325 of 2019. Petitioner is in custody since 25.11.2019 having no criminal antecedent. Application for grant of regular bail was vehemently opposed by counsel for the informant.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with
Patna High Court CR. MISC. No.18018 of 2020(2) dt.09-06-2020 3/3 Saraiya P.S. Case No. 175 of 2019 subject to the conditions that:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) veena/rajiv U T