Neeraj Kumar Ram @ Chattu Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33240 of 2023 Arising Out of PS. Case No.-183 Year-2022 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== NEERAJ KUMAR RAM @ CHATTU RAM Son of Adalat Ram Resident of village - Kaithi, P.S. - G.B. Nagar, Distt. - Siwan ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Irshad Ahmad Khan For the Opposite Party/s :
Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304B, 34 of the Indian Penal Code.
As per allegation in the FIR, the informant alleged that her daughter was married with the petitioner in year of 2018 and thereafter, the petitioner along with his family members subjected her to cruelty due to non-fulfillment of dowry demand. Ultimately, on 10.6.2022 the informant came to that her daughter was killed by the petitioner along with his family members. Thereafter, the present FIR has been lodged. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.33240 of 2023(3) dt.27-07-2023 2/3 petitioner is innocent and has committed no offence. The petitioner is husband of the deceased due to which he has falsely been implicated in this case. There is no prior complaint against the petitioner regarding demand of dowry or torture to the deceased. From perusal of para-41 of the case diary, it appears that two witness have been examined who stated that the deceased was issue-less and she was committed suicide due to depression. It also submitted vide para-8 of the petition that the doctor who conducted the autopsy of the deceased has opined that cause of death is due to Asphyxia due to hanging. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. Moreover, the petitioner is languishing in judicial custody since 30.8.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with G.B. Nagar P.S. Case No. 183 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.33240 of 2023(3) dt.27-07-2023 3/3 satisfaction of learned 2nd Additional Sessions Judge, Siwan/ concerned Court.
(Sunil Kumar Panwar, J) Amandeep/- U T