Hari Kishore Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32595 of 2023 Arising Out of PS. Case No.-60 Year-2009 Thana- PIPRAHI District- Sheohar ====================================================== 1.

Hari Kishore Ram, aged about 54 years, Gender-Male 2.

Yogendra Ram, aged about 56 years, Gender- Male Both sons of Bhola Ram, resident of Village- Minapur, PS- Piprahi DistSheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar, Advocate For the Opposite Party/s :

Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-07-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners seek bail in connection with Piprahi PS Case No. 60 of 2009 dated 09.08.2009, instituted for the offence punishable under Sections 363, 364, 365, 420 of the Indian Penal Code.

3. The allegation against the petitioners is that they along with the co-accused insisted the father-in-law of the informant to go to Punjab and earn his livelihood and accordingly her father-in-law went to Punjab along with the petitioners and the other co-accused, but he did not return and there is no trace of him. The informant suspects that he might have been killed by the accused persons.

4. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.32595 of 2023(2) dt.07-07-2023 2/2 father-in-law of the informant was missing since 15.09.2008 and the complaint was filed after about four months. It is submitted that the petitioners are quite innocent and have been falsely implicated in this case. It is further submitted that though the petitioners are named in the FIR, but nothing incriminating article or the father-in-law of the informant has been recovered either from conscious possession of the petitioners or from their house. There is no specific allegation against the petitioners. The petitioners have been made accused in this case only on the basis of suspicion and at best it is a case of last seen. Lastly, it is submitted that the petitioners are in custody since 21.07.2022 having clean antecedents and charge-sheet has been submitted in the case.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the SDJM, Sheohar, in Piprahi PS Case No.60 of 2009.

(Khatim Reza, J) J. Alam/- U T