Dilip Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1260 of 2019 Arising Out of PS. Case No.-128 Year-2018 Thana- GAIGHAT District- Muzaffarpur ====================================================== Dilip Ram Son of Jagdish Ram Village - Hanuman Nagar, P.S.- Gayghat, District- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Sunil Ram S/o Late Darbari Ram village- Kalyani P.S. Gyaghat DistrictMuzaffarpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Upendra Kumar For the Opposite Party/s :
Mr.Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-02-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Gayghat P.S. Case No. 128 of 2018 registered for the offence punishable under Sections 304 (B) and 34 of the Indian Penal Code.
Informant who is the father of the deceased has alleged in his farbdeyan that petitioner (husband) along with FIR named accused killed his daughter by setting her ablaze for non-fulfillment 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. There is general and omnibus allegation against all the FIR named
Patna High Court Cr.Misc. No.1260 of 2019(6) dt.25-02-2019 2/3 accused persons. There is no specific allegation against petitioner. She died along with her daughter in accidental fire. Petitioner has got no criminal antecedent and is in custody since 14.05.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-15th, Muzaffarpur, in connection with Gayghat P.S. Case No. 128 of 2018, with following conditions:- (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 shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that
Patna High Court Cr.Misc. No.1260 of 2019(6) dt.25-02-2019 3/3 case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) manoj/- U T