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Patna High CourtCR. MISC./27842/2023allowed

Ramjan Ali v. The State Of Bihar

2023-07-27Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27842 of 2023 Arising Out of PS. Case No.-225 Year-2021 Thana- TARAIYA District- Saran ====================================================== RAMJAN ALI Son of Kamrool Hasan Resident of village - Faridpur, P.S. - Taraiya, Distt. - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyanka Singh For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 304B, 498A, 323/34 of the Indian Penal Code.

As per allegation in the FIR, petitioner along with his family members has tortured in various ways to the daughter of the informant due to non-fulfillment of further dowry demand and ultimately she was being killed by giving sharp object blow over her stomach and head.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the deceased and has been falsely implicated in this case. He has neither demanded any thing from the informant and his wife. There is no prior

Patna High Court CR. MISC. No.27842 of 2023(3) dt.27-07-2023 2/2 complain regarding harassment, torture and assaulting by the petitioner. Deceased was suffering from depression because her marriage was solemnized against her will. As per prosecution case she died due to cutting of stomach and head by sharp cutting weapon but the postmortem report is not in consonance with the fact of the prosecution case and doctor opined cause of death due to asphyxia caused by hanging. Petitioner has got no criminal history and he is languishing in judicial custody since 14.7.2021.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJM 1st Saran, Chapra in connection with Tariayan PS Case No. 225 of 2021.

(Sunil Kumar Panwar, J) sushma/- U