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Patna High CourtCR. MISC./29230/2023bail granted

Dhanjee Ram v. The State Of Bihar

2023-06-28Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29230 of 2023 Arising Out of PS. Case No.-74 Year-2022 Thana- DHANSOI District- Buxar ====================================================== DHANJEE RAM SON OF DHARMDEV RAM @ DHARM DEV RAM RESIDENT OF VILLAGE- SIKATHI (SIGATHI), PS- DHANSOI, DISTTBUXAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Setu Prateek, Advocate For the Opposite Party/s :

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is an accused in connection with Dhansoi Case No. 74 of 2022 under Section 306 of the Indian Penal Code lodged on 03.05.2022 by the informant, Raj Narayan Rai.

As per the prosecution story, the informant has alleged that his daughter was married to the petitioner herein and the couple was blessed with two children but she was always facing financial crunch inasmuch as her husband (the petitioner herein) used to work outside and she was always deprived of money. On the fateful night, as there was no money in the house, she had called him that there is no ration at home

Patna High Court CR. MISC. No.29230 of 2023(3) dt.28-06-2023 2/3 but her husband stated that he will come next day and fed-up with the said attitude, she committed suicide. According to the informant, no other than, his son-in-law is responsible for her daughter taking this extreme step.

Earlier prayer for bail of the petitioner was rejected vide order dated 23.09.2022 passed in Cr. Misc. No. 37054 of A report was called for and as per the communication received only one (1) out of six (6) prosecution witnesses have been examined.

Considering the fact that the petitioner is in custody since 09.05.2022 (as stated in paragraph-8 of the bail application) and do not have criminal antecedent, this Court is inclined to grant him privilege of bail.

Let the petitioner be released on bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge -IVth, Buxar in connection with Sessions Trial No. 453 of 2022 arising out of Dhansoi P.S. Case No. 74 of 2022 subject to the following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show

Patna High Court CR. MISC. No.29230 of 2023(3) dt.28-06-2023 3/3 his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/KiranU T