Ram Das @ Shree Ram Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21138 of 2022 Arising Out of PS. Case No.-140 Year-2021 Thana- MADHEPUR District- Madhubani ====================================================== RAM DAS @ SHREE RAM DAS Son of Sant Lal Das Resident of Village - Tardiha (Das Tol), P.S.- Madhepur, District - Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramchandra Jha Raman, Advocate For the Opposite Party/s :
Mr. Syed Ehteshamuddin, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings.
The petitioner seeks bail in a case registered for the offences punishable under Sections 328 and 302 of the Indian Penal Code.
The informant alleges that his daughter was married to the petitioner about 10 years back and he came to know that his daughter was poisoned by the accused persons including the petitioner, on account of which, she died.
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.21138 of 2022(6) dt.06-01-2023 2/3 the petitioner is in custody since 23.08.2021 and is the husband.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that the marriage was 10 years old and out of the wedlock, three children were born who, presently, are residing in the house of the petitioner, it is next submitted that, in between 10 years, no case ever came to be instituted either by the informant or by the deceased, it is next submitted that the deceased herself consumed poison on account of dispute when petitioner was not present. Learned counsel for the petitioner submits that charges have been framed and the petitioner will not abscond and will cooperate in the trial.
Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.21138 of 2022(6) dt.06-01-2023 3/3 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Madhepura P.S. Case No. 140 of 2021. Further, if the learned court below comes to a conclusion that after release, the petitioner is trying to delay the trial in any manner, the court below shall forthwith cancel his bail bonds after recording reasons and will ensure that he is behind bars by taking all coercive steps.
(Satyavrat Verma, J) HarshPandey/- U T