Ramjee Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31270 of 2022 Arising Out of PS. Case No.-392 Year-2021 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Ramjee Kumar Son of Thakur Prasad Resident of Mohalla - Mathuria, P.S.- Laheri, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar No.1, Advocate For the Opposite Party/s :
Mr. Syed Mojibur Rahman, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-09-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Let the defects, as pointed out by the office, be removed within a period of four weeks from today. Petitioner seeks bail in a case registered for the offences punishable under Section 304(B) of the Indian Penal Code.
According to prosecution case, in brief, is that one Barho Thathera gave his fardbeyan before the police alleging therein that marriage of his daughter Ruchi Kumari was solemnized with Ramjee Kumar in the year 2015 according to Hindu rites and rituals and at the time informant gifted them as per his capacity. After some time of marriage, all the F.I.R. named accused persons started demanding Rs.2 lacs as further dowry and on non-fulfillment of the same, they assaulted her.
Patna High Court CR. MISC. No.31270 of 2022(2) dt.01-09-2022 2/3 On 30.08.2021, the informant got information on mobile phone of his son Deepu that his daughter has committed suicide by hanging.
Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case only on the basis of suspicion. He further submits that in fact the petitioner is the husband of the deceased and in fact the deceased has committed suicide herself and petitioner has no role at all. He further submits that the petitioner and his family members never demanded dowry from the family of the deceased and during investigation it has come that deceased has committed suicide herself. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 31.08.2021.
The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Trial No. 70
Patna High Court CR. MISC. No.31270 of 2022(2) dt.01-09-2022 3/3 of 2022 arising out of Laheri P.S. Case No. 392 of 2021, subject to the following conditions:-
1. Petitioner shall co-operate 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajesh Kumar Verma, J) mdrashid/- U T