Hare Ram Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29739 of 2020 Arising Out of PS. Case No.-170 Year-2020 Thana- KOILWAR District- Bhojpur ====================================================== HARE RAM RAI, Male, aged about 38 years, Son of Shri Bala Rai, Resident of Village- Matiyara, Purdilganj, P.S.- Koilwar, District- Bhojpur at Ara. ... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Ramchandra Singh, Advocate.
For the State :
Mr. A.G.
For the Informant : Mr. Ramashraya Rai, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-01-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.
Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. The petitioner seeks bail in a case for the offence registered under Sections 302 and 328 of the I.P.C. The prosecution story, in brief, is that the informant performed marriage of his daughter Asha Kumari to the petitioner Hare Ram Rai. Due to ill behaviour of the petitioner, the informant had been taking care of his daughter for more than five years after her marriage. The petitioner has performed his second marriage and the petitioner was treating the daughter of
Patna High Court CR. MISC. No.29739 of 2020(3) dt.11-01-2021 2/3 the informant with cruelty and bad behaviour. There was a Panchayati in the village in which the petitioner had become ready to keep his daughter. He took her at Dhanupra, for keeping her in a rented accommodation. On 12.05.2020, the informant got information in the evening that the petitioner has administered poison to the deceased and she was treated at Sadar Hospital, Ara, where she died on 13.05.2020. It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 14.05.2020. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Neither there is any eye witness to the alleged occurrence nor there is circumstantial evidence to suggest the participation of the petitioner in the alleged occurrence. As per postmortem report, the cause of death is said to be chronic liver disease.
On behalf of the learned counsels for the State and the informant, it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances of the case, the petitioner above named, is directed to be released
Patna High Court CR. MISC. No.29739 of 2020(3) dt.11-01-2021 3/3 on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Koilwar P.S. Case No. 170 of 2020. (Sudhir Singh, J) U.K./- U T