Patna High CourtCR. MISC./24148/2014bail granted

Prakash Ram v. The State Of Bihar

2015-01-21The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24148 of 2014 Arising Out of PS.Case No. -257 Year- 2013 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ====================================================== Prakash Ram, S/o Shiv Jatan Ram, Resident of Village- Bishunpur, P.S.- Chandi, District- Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Mukherjee, Advocate For the Opposite Party/s : Mr. Durgesh Nandan (APP) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 21-01-2015 The wife of the petitioner is said to have died by consuming poison on 06.11.2013. The father-in-law of the petitioner submitted a complaint before the police alleging that the petitioner and his father are responsible for the death of his daughter. Chandi P.S. Case No.257 of 2013 was registered for the offences punishable under Sections 364, 201 read with Section 34 of the Indian Penal Code. The petitioner was arrested on 07.11.2013. Bail Application No.52 of 2014 filed by the petitioner in the Court of 1st Additional Sessions Judge, Hilsa, Nalanda was rejected on 21.02.2014. Hence, this application. Heard learned counsel for the petitioner and learned counsel for the State.

The record discloses that the father of the petitioner was granted bail in Cr. Misc. No.10932 of 2014 by this Court on

Patna High Court Cr.Misc. No.24148 of 2014 (5) dt.21-01-2015 2/2 08.05.2014.

The allegation against the petitioner is that he was responsible for the death of his wife. The petitioner, however, pleaded that his wife committed suicide by consuming poison and the information about the death was furnished to the police, by himself.

The guilt or otherwise of the petitioner, needs to be decided in the trial. The investigation is completed and the charge-sheet is also filed. The trial is said to be in progress. Hence, this application is allowed. The petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Adhoc Additional Sessions Judge-1, Hilsa (Nalanda) in connection with Sessions Trial No.315 of 2014 arising out of Chandi P.S. Case No.257 of 2013. (L. Narasimha Reddy, CJ) Sunil/- U T