Ishwar Ram @ Ishwar Kumar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30298 of 2024 Arising Out of PS. Case No.-450 Year-2023 Thana- JOGAPATTI District- West Champaran ====================================================== Ishwar Ram @ Ishwar Kumar Ram Son Of Harihar Ram Resident Of Village - Dudhiyava, P.S. - Yogapatti (Nawalpur), District - West Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajeet Kumar Bhardwaj, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, APP For the Informant :
Mr. Anand Kishore Choudhary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-06-2024 Heard learned counsel for the petitioner, learned counsel for the informant, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in Yogapatti (Nawalpur) P.S. Case No. 450 of 2023, instituted for the offences punishable under Section 304(B)/34 of the Indian Penal Code.
3. The prosecution case, in short, is that, the daughter of the informant was married with the petitioner who was subjected to torture and cruelty for demand of dowry and ultimately she was done to death by the accused persons.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. The
Patna High Court CR. MISC. No.30298 of 2024(3) dt.25-06-2024 2/3 petitioner is the husband of the deceased. It is further submitted that the petitioner has never demanded any dowry and never committed cruelty with the deceased. The deceased has died in some other circumstances. The petitioner is in custody since 28.09.2023 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated coaccused has been granted bail by this Court vide order dated 05.04.2024 passed in Cr. Misc. No. 25200 of 2024.
5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail after framing of charge, if not already framed on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Yogapatti (Nawalpur) P.S. Case No. 450 of 2023, subject to the following conditions:
(I) One of the bailors shall be own/close member of
Patna High Court CR. MISC. No.30298 of 2024(3) dt.25-06-2024 3/3 the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Rajorshi/- U T