Ram Ekbal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30521 of 2022 Arising Out of PS. Case No.-542 Year-2018 Thana- HAJIPUR SADAR District- Vaishali ====================================================== RAM EKBAL RAI son of Late Roop Lal Rai Resident of Maua, P.S.- Hajipur Sadar, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ashok Kumar Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-08-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State in the virtual Court proceeding. Petitioner seeks bail in a case registered for the offence punishable under Sections 304(B),201,34 of the IPC. Allegation is that the accused persons caused death of the daughter of the informant due to non-fulfilment of demand of dowry.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. He further submits that in fact the petitioner is father-in-law of the deceased and the husband

Patna High Court CR. MISC. No.30521 of 2022(2) dt.26-08-2022 2/3 of the deceased has already been granted bail under Section 167

(2) of Cr.P.C. by the learned court below itself and it appears from the FIR that there is general and omnibus allegation against all the accused persons including the petitioner and there is no specific allegation of assault or overt-act against the petitioner and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 19.09.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, 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 learned Court below where the case is pending in connection with S.Tr.No.193 of 2022 arising out of Hajipur Sadar P.S. Case No.542 of 2018, with 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.30521 of 2022(2) dt.26-08-2022 3/3

(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.

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) Nitesh/- U T