Birendar Ram @ Birendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43059 of 2016 Arising Out of PS.Case No. -95 Year- 2015 Thana -JALLEY District- DARBHANGA ======================================================

1. Birendar Ram @ Birendra Ram Son of Sri Karpuri Ram @ Lal Babu, permanent resident of Village- Basant, P.S.- Jalley, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Sri Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-07-2017 Heard both sides.

The petitioner seeks bail in Jalley P.S. case No. 95 of 2015 under Section 328, 302, 120B/34 of the Indian Penal Code. The informant alleged that he got information on telephone that on 03.06.2015 his daughter, Indu Devi, was brutally assaulted by Karpuri Ram, Munni Devi, Harendra Ram, Nagendra Ram, Manju Devi, Fulo Devi and Bhola Ram. When his daughter demanded water the accused persons gave her water with poison and consequently his daughter died. The informant further alleged that his daughter was married 15 years ago with Birendar Ram but Birendar Ram solemnized second married and he was living in Delhi with his second wife. Birendar Ram instigated his family members to kill his daughter.

Patna High Court Cr.Misc. No.43059 of 2016 (9) dt.05-07-2017 2/2 The learned counsel for the petitioner submits that petitioner was not even present in his house on the date of occurrence. The informant also stated this fact in his statement. Froth was coming out from the mouth of deceased and it was suspected that deceased died by poisoning. The petitioner is in jail since 29.07.2017. The petitioner has already remained in jail for about a year.

On the other hand, the learned Additional Public Prosecutor submitted that petitioner is the husband of the deceased but during the course of investigation it has come that petitioner was not present in his house.

Considering the facts aforesaid and the fact that petitioner is in jail for about a year, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in Jalley P.S. Case No. 95 of 2015 (G.R. No. 1844 of 2015).

(Prabhat Kumar Jha, J) BKS/- U T