Madan Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.38106 of 2016 (2) dt.26-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38106 of 2016 Arising Out of PS.Case No. -36 Year- 2016 Thana -SONO District- JAMUI ======================================================

1. Madan Ram Son of Late Mahipal Ram Resident of Village- Rajpur, Police Station- Sono in the district of Jamui..... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-09-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Sono P.S. Case No. 36 of 2016 registered for the offences punishable under Sections 304B, 201, 120B/34 of the Indian Penal Code. Khushboo Devi, the daughter of the informant, was married to Rahit Ram, the son of the petitioner, and allegedly due to non-fulfillment of demand of motorcycle she was being tortured and ultimately the mother-in-law informed the informant that Khushboo Devi died due to burn injury and then the informant went there and saw none in the house and on inquiry it was revealed that they have burnt Khushboo Devi and also cremated the dead body.

Submission is of false implication and that in this case

Patna High Court Cr.Misc. No.38106 of 2016 (2) dt.26-09-2016 after completing investigation chargesheet has been submitted under Sections 306, 201 of the Indian Penal Code, the husband is already in custody and the petitioner being old father-in-law having no specific allegation is suffering in custody since 13.06.2016 deserves sympathetic consideration to which the learned APP opposes.

In the facts and circumstances stated above, considering the period of detention and further chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Jamui in connection with Sono P.S. Case No. 36 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T