Deolal Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34839 of 2025 Arising Out of PS. Case No.-139 Year-2023 Thana- MAINATAND District- West Champaran ====================================================== Deolal Ram Son of Mohar Ram Resident of Vill- Rampurwa, P.S.- Mainatand, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-09-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Sessions Trial No. 128 of 2024 arising out of Mainatand P.S. Case No. 139/2023 registered for the offence punishable under Sections 302/34 of the Indian Penal Code. Later on, Section 201 of the Indian Penal Code has been added.

3. As per prosecution case, the petitioner is the accused of demanding motorcycle as dowry from the deceased and on non-fulfillment of the same, committing her murder and disposing of her body.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case merely on the basis of suspicion. The petitioner is the husband

Patna High Court CR. MISC. No.34839 of 2025(6) dt.26-09-2025 2/3 of the deceased and has been made victim of the circumstance. There is no specific or direct allegation of any overt act against the petitioner rather the same is general and omnibus in nature. He further submits that all the three children of the deceased reside at the matrimonial home of the deceased Arti Devi. He further submits that in course of investigation, a dead-body purported to be the dead-body of the deceased has been recovered but, the identification of the same is doubtful. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent and is languishing in judicial custody since 29.09.2023 without any rhymes or reason. He further submits that the charge-sheet has been submitted, cognizance has been taken and the charge has also been framed in this case. Learned counsel for the petitioner further submits that two prosecution witnesses have already been examined in this case.

5. Learned counsel for the petitioner again submits that the co-accused persons have been granted bail by a Coordinate Bench of this Court vide order dated 26.10.2024 passed in Cr. Misc. No. 58047 of 2024.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner,

Patna High Court CR. MISC. No.34839 of 2025(6) dt.26-09-2025 3/3 stating that the offence alleged is serious in nature.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner, there being no specific allegation against the petitioner as also the prayer for bail being based on parity, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sessions Trial No. 128 of 2024 arising out of Mainatand P.S. Case No. 139/2023, subject to the following conditions; (i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T