Shiv Prasan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31173 of 2022 Arising Out of PS. Case No.-68 Year-2021 Thana- JAMHOR District- Aurangabad ====================================================== 1.

SHIV PRASAN RAM S/o Tapeshwar Ram Resident of Village- Pauthu, Tola, Gumti Bigha, P.S.- Jamhore, District- Aurangabad. Bihar 2.

Sudarshan Ram S/o Tapeshwar Ram Resident of Village- Pauthu, Tola, Gumti, Bigha, P.S.- Jamhore, District- Aurangabad. Bihar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Rupa Kumari, Adv.

For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-09-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 304(b)/120(b)/34 IPC. Allegedly, the FIR named accused persons including the petitioners are said to have murdered the daughter of informant due to non-fulfillment of demand of dowry.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.31173 of 2022(2) dt.13-09-2022 2/2 They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. It is submitted that husband of the deceased is already in judicial custody. Petitioners are the elder brothers-in-law of the deceased and used to live separately from the family of deceased. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since husband of deceased is already in custody, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Jamhore P.S. Case No.68 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T