Shyam Sunder Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22333 of 2020 Arising Out of PS. Case No.-27 Year-2018 Thana- AKBARNAGAR District- Bhagalpur ====================================================== 1.

SHYAM SUNDER RAM S/o Late Dukkhan Ram Resident of Basantpur Fulbariya, P.S.- Akibarnagar, Distt- Bhagalpur. 2.

Dharmendra Kumar @ Nitish Kumar S/o- Shyam Sundar Ram Resident of Basantpur Fulbariya, P.S.- Akbarnagar, Distt- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Upadhyaya For the Opposite Party/s :

Mr.Narendra Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-09-2020 Heard learned counsel for the parties.

This application for grant of regular bail arises out of Akbarnagar P.S. Case No. 27 of 2018, disclosing offences punishable under Sections 304(B), 201 and 341 of the Indian Penal Code.

The petitioner no. 1 is the father-in-law of the deceased whereas petitioner no. 2 is brother of the husband of the deceased. It is argued on behalf of the petitioners that the F.I.R. has been registered merely on the basis of suspicion and husband of the deceased was put on trial, who has been acquitted. He has further argued that there is no specific allegation against these petitioners of having ever made any

Patna High Court CR. MISC. No.22333 of 2020(2) dt.04-09-2020 2/3 demand of dowry, soon before the deceased died. According to him, the petitioners have been unnecessarily implicated only because they are family members of the husband of the deceased.

On perusal of the F.I.R. and submissions advanced on behalf of the petitioners, as noted above, in my opinion, a case for grant of regular bail is made out. This application is allowed.

Let the petitioners above named be released 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 C.J.M., Bhagalpur in connection with Akbarnagar P.S. Case No. 27 of 2018.

It is directed that defects in the application pointed out by the Registry must be removed within two months from today.

Since there is a lockdown, the Court has considered it appropriate to adopt following procedure for communication of the present order:- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary.

Patna High Court CR. MISC. No.22333 of 2020(2) dt.04-09-2020 3/3 (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.

(iii) Hard copy of the order, duly signed by me, shall be preserved in my residential office for documentation and future use, if any.

(iv) Let a copy of the order be communicated to the learned court below through e-mail or any other appropriate electronic mode by the Registry.

Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social-distancing.

(Chakradhari Sharan Singh, J) AKASH/- U T