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Patna High CourtCR. MISC./27574/2022bail granted

Sagan Ram v. The State Of Bihar

2023-01-13Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27574 of 2022 Arising Out of PS. Case No.-549 Year-2021 Thana- GHOSI District- Jehanabad ====================================================== SAGAN RAM S/o Late Rangu Ram P.S. - Ghoshi, District - Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishal Saurabh, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-01-2023 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code.

As per the prosecution case, the daughter of the informant was married to the son of the petitioner herein. It is stated by the informant that his son-in-law was separate from his parents. The informant's daughter used to reside with her-inlaws. There was some dispute relating to partition of land in the family and some compromise had been arrived at. Telephone

Patna High Court CR. MISC. No.27574 of 2022(3) dt.13-01-2023 2/3 call was received by the informant that his daughter has died as a result of exposure.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case because of being the father-in-law of the deceased. The allegations are false and concocted and there is no eye witness to the occurrence. The petitioner is in custody since 25.12.2021 and no direct material has transpired in course of investigation to connect him in the alleged crime.

The application for bail is opposed by learned APP for the State who submits that the deceased was living with the petitioner who happens to be the father-in-law and the cause of death in the postmortem report is said to be cardio respiratory failure due to throttling.

Having heard learned counsel for the parties and having perused the material on record including the material that has transpired in course of investigation, the petitioner being in custody for more than a year since 25.12.2021 and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Ghosi P.S. Case no. 549 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.27574 of 2022(3) dt.13-01-2023 3/3 each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad.

(Partha Sarthy, J) Spd/- U T