Shiv Shankar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43842 of 2021 Arising Out of PS. Case No.-305 Year-2020 Thana- BARHARA District- Bhojpur ====================================================== 1.

SHIV SHANKAR RAM S/O- Late Ram Das Ram Resident of Vill - Paiga, P.S. - Barhara Dist. - Bhojpur.

2.

DHANANJAY RAM @ DHANANJAY KUMAR RAM S/o Shiv Shankar Ram Resident of Vill - Paiga, P.S. - Barhara Dist. - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-04-2022 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek regular bail in connection with Barhara Police Station Case No. 305 of 2020, registered for the offence punishable under Sections 304-B/201/34 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the marriage of the informant's daughter was solemnized with the co-accused Awadhesh Ram in the year 2015 and thereafter co-accused Awadhesh Ram started demanding a motorcycle as dowry and due to non-fulfillment of the said demand, the petitioners, along with other co-accused

Patna High Court CR. MISC. No.43842 of 2021(3) dt.25-04-2022 2/3 persons killed the daughter of the informant and disposed her dead body secretly.

Learned Counsel for the petitioners submits that the petitioner no. 1 is the father-in-law and petitioner no. 2 is the brother-in-law of the deceased and they have falsely been implicated in this case along with other family members on the basis of general and omnibus allegation made in the First Information Report. He further submits that from perusal of the First Information Report, it would be evident that there is no demand of dowry against the petitioners. He further submits that the petitioners are in custody since 19.12.2020 and charge sheet has already been submitted against them and as such there is no likelihood that the petitioners will abscond and/or tamper with the evidence.

Regards being had to the submission advanced on behalf of the parties and taking into consideration the materials on record and the fact that the petitioners are the father-in-law and brother-in-law of the deceased, there is no specific allegation of demand of dowry or torture against them, they are in custody since 19.12.2020 and charge sheet has already been submitted against them, I am inclined to grant regular bail to the petitioners.

Patna High Court CR. MISC. No.43842 of 2021(3) dt.25-04-2022 3/3 This application is, accordingly, allowed.

Let the petitioners, above named, be released on bail, upon furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, at Ara, in connection with Barhara Police Station Case No. 305 of 2020.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √