Upendra Ram And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79651 of 2018 Arising Out of PS. Case No.-123 Year-2018 Thana- ARER District- Madhubani ====================================================== 1.
Upendra Ram S/o Late Bulan Ram 2.
Amriti Devi W/o Upendra Ram both are resident of village-Nagdah, P.SArer, Distt.-Madhubani. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subhash Kumar Jha For the Opposite Party/s :
Mr.Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-03-2019 Heard learned counsel for the parties.
Petitioner, who are in custody, seeks bail registered for the offences punishable under Sections 304 (B) and 34 of the Indian Penal Code and under Section 3/4 of Dowry Prohibition Act.
Pursuant to order dated 19.02.2019 the case diary has been sent and received by this Court and it was brought to the notice that during investigation it was found that petitioner was not present at the place of occurrence rather he was present in the orchard as a caretaker at the time of occurrence and when he was informed, he subsequently reached there. Petitioner is father-in-law of the deceased and allegations against all accused
Patna High Court CR. MISC. No.79651 of 2018(4) dt.13-03-2019 2/3 is general and omnibus in nature. Petitioner has got no criminal antecedent and is in custody since 05.09.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner no.1 (Upendra Ram) 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 court below where the case is pending in connection with Arer P.S. Case No. 123 of 2018 (G.R. No. 634 of 2018) corresponding to S.T. No. 393 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.79651 of 2018(4) dt.13-03-2019 3/3 case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) manoj/- U T