Pankaj Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34444 of 2021 Arising Out of PS. Case No.-418 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== Pankaj Ram Son Of Shiv Sagar Ram @ Ram Sagar Ram Resident Of Village - Miya Pakri, P.S.- Kanti, District - Muzaffarpur. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bikram Deo Singh- Advocate Mr. Shankar Kumar- Advocate For the Opposite Party/s :
Mr. Rabindra Kumar- A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-01-2022 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Saraiya (Jaitpur) P. S. Case No.418 of 2020, instituted for the offences under Sections 302 and 34 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is in custody since 02.02.2021, he is a person with clean antecedent, charge-sheet has been submitted in the case and is the Nandosi of the deceased.
The learned counsel for the petitioner submits that the informant alleges that her daughter was married to Manoj Ram 12 years back. The family members of Manoj Ram including Manoj Ram were demanding motorcycle and cash. It is further
Patna High Court CR. MISC. No.34444 of 2021(3) dt.03-01-2022 2/3 alleged that her maternal grandson informed that mother has been killed by Dadi, Fua, Fufa (Pankaj Ram, the petitioner). It is also alleged that Manoj Ram two years back married one Kajal Devi and left her daughter to fend for her children. The learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R.
, it would manifest that the informant alleges that she was informed by her maternal grandson that this petitioner along with his wife and mother-in-law had committed the occurrence, but the real fact is that Manoj Ram had married Kajal Devi two years back which led to sour of relationship as a result of which, the deceased was leading a depressed life and she committed suicide by hanging as the maternal grandson before the police has stated that his mother had a fight with the petitioner and other family members and thereafter, he went to sleep and in the morning, when he woke up, he saw that his mother was hanging from a ceiling. The police also from the place of occurrence collected the piece of sari by which the deceased had committed suicide.
It is submitted that petitioner, being a Nandosi, has been falsely implicated by the informant, but the real fact is that the deceased committed suicide on account of conduct of her husband. The learned A.P.P.
Patna High Court CR. MISC. No.34444 of 2021(3) dt.03-01-2022 3/3 F.I.R., it is alleged that the child informed the informant that petitioner along with other accused persons killed her mother, but after going through the case diary, the learned A.P.P. fairly submits that the child before the police stated that he has not seen anyone committing the occurrence rather there was a fight and in the morning, he saw his mother was hanging. Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in the case and petitioner is the Nandosi of the deceased, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IVth, West, Muzaffarpur in connection with Saraiya (Jaitpur) P.S. Case No.418 of 2020.
The application stands allowed.
(Satyavrat Verma, J) vikash/- U T