Amerikan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56755 of 2017 Arising Out of PS.Case No. -231 Year- 2016 Thana -DURGAWATI District- BHABHUA (KAIMUR) ======================================================

1. Amerikan Ram, son of Late Bishwanath Ram, resident of VillageNarhan, P.S. Ramgarh, District- Kaimur at Bhabua..... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Sri Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-12-2017 Heard both sides.

The petitioner apprehends his arrest in Durgawati P.S. case No. 231 of 2016 for the offences punishable under Section 304B, 201,34 of the Indian Penal Code. The informant, father of the deceased, alleged that his daughter was married to Bigau Ram three years ago but her husband, father-in-law, brother of her father-in-law, the petitioner, and mother-in-law started subjecting his daughter to different sorts of torture and they killed his daughter and concealed her dead body.

The learned counsel for the petitioner submits that petitioner is uncle of the husband of the deceased. The petitioner has no manner of concern with the family affairs of the deceased and her husband. The police after investigation submitted final

Patna High Court Cr.Misc. No.56755 of 2017 (2) dt.18-12-2017 2/2 form finding the case false against the petitioner but the learned Judicial Magistrate took cognizance against the petitioner also. On the other hand the learned APP submits that the informant has also made allegation against the petitioner. It appears that petitioner is uncle of the husband of deceased. No specific allegation of demand of dowry or torture is made against the petitioner. The police after investigation did not find the case true against the petitioner.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner above named in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Durgawati P.S. case No. 231 of 2016, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T