Santosh Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23904 of 2020 Arising Out of PS. Case No.-230 Year-2019 Thana- DHANARUA District- Patna ====================================================== SANTOSH RAM Son of Bhagwan Ram Resident of Village- Nadwa, P.S.- Dhanarua, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prashant Kumar, Adv.
For the Opposite Party/s :
Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-10-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
Heard the learned counsel for the petitioner and Md. Aslam Ansari, the learned APP for the State.
This is an application for grant of anticipatory bail in connection with Dhanarua P.S. Case No. 230 of 2019 registered for the offence punishable under Sections 304B, 120B, 34 of the Indian Penal Code and Section 3/ 4 of the Dowry Prohibition Act.
2/4 The daughter of the informant is stated to have been married with the co-accused person, namely, Chintu @ Chhotu Ram in the year 2016 as per the Hindu rites and customs. It is further alleged that the accused persons used to demand a sum of Rs. 1,50,000/- by way of dowry and since the said demand of dowry could not be fulfilled, the accused persons started abusing, assaulting and harassing the daughter of the informant and finally, they are stated to have burnt the daughter of the informant to death.
The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. It is further submitted that as far as the petitioner is concerned, he is the elder brother-in-law of the deceased victim lady and he is staying separately from the husband of the deceased. It is further submitted that the husband of the deceased is already in custody, as would be apparent from paragraph no. 11 of the present bail petition,
3/4 hence, it is submitted that no prejudice would be caused to the prosecution in case, the petitioner is granted the privilege of anticipatory bail. Lastly, it is submitted that the mother-in-law and father-inlaw of the deceased victim lady have already been granted bail by coordinate Benches of this Court vide orders dated 10.7.2020 and 14.1.2020 passed in Criminal Miscellaneous No. 7662 of 2020 and Criminal Miscellaneous No. 80587 of 2019 respectively.
Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the parity of the case of the petitioner with that of the co-accused persons, who have already been granted bail by coordinate Benches of this Court, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail. Accordingly, the petitioner is directed to be enlarged on anticipatory bail, in the event of his
4/4 arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Dhanarua P.S. Case No. 230 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) Ajay/- U T