Ramji Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30398 of 2020 Arising Out of PS. Case No.-362 Year-2020 Thana- HAJIPUR District- Vaishali ====================================================== Ramji Rai, aged about 38 years, male, Son of Late Yogendra Rai, Resident of Village- Ram Bhadra (Ram Chaura), P.S.- Hajipur Town, District- Vaishali. At Present- Gidhaula Tola, P.S.- Ganga Bridge, District.- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok, Adv.
For the Informant :
Mr. Manish Chandra Gandhi, Adv.
For the State :
Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-02-2021 Heard Mr. Alok Kumar Alok, learned counsel for the petitioner, Mr. Manish Chandra Gandhi, learned counsel for the informant and Md. Aslam Ansari, learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in connection with Hajipur Town P.S. Case No. 362 of 2020, dated 04.06.2020, instituted for the
Patna High Court CR. MISC. No.30398 of 2020(3) dt.08-02-2021 2/3 offences under Sections 328, 302 and 34 of the Indian Penal Code.
The First Information Report has been lodged by the father of the deceased, who has alleged that his son has been killed at the hands of his wife and her relatives. The dead-body of the deceased was found in the home village of his wife. The villagers, on spotting the deceased in an unconscious stage, took him to a hospital where after treatment, he died.
The petitioner is the maternal uncle of the wife of the deceased.
Learned counsel for the informant however has submitted that before the death, the deceased had given an informatory petition before the authorities concerned that he apprehended retaliatory action by the petitioner and others and is also afraid of his life. Apart from this, it has been urged, there is no other material to connect the petitioner with the offence. Considering the aforesaid aspect of the matter, this Court, by order dated 18.12.2020, had
Patna High Court CR. MISC. No.30398 of 2020(3) dt.08-02-2021 3/3 called for the case diary from the Court below and had also granted provisional bail to him.
Perused the case diary.
There is no material in the investigation report to deny the privilege of anticipatory bail to the petitioner.
Considering the nature of accusation and paucity of material against the petitioner, the provisional bail granted to him is made absolute. The petitioner shall remain on the same bail-bonds.
The application stands allowed accordingly.
(Ashutosh Kumar, J) Praveen-II/- U T