Chandan Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.41874 of 2014 (3) dt.16-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41874 of 2014 Arising Out of PS.Case No. -42 Year- 2014 Thana -KHAIRA District- JAMUI ======================================================

1. Chandan Ram Son of Late Suresh Ram Resident of Village-Gopalpur, P.S- Khaira, District- Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prakash Mahto For the Opposite Party/s : Mr. Ajay Kumar No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-02-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Khaira P.S. Case No. 42 of 2014 registered for the offences punishable under Sections 304B, 498A/34 of the Indian Penal Code. Allegedly, the daughter of the informant was married with the petitioner in the year 2009, after two years of marriage she gave birth of a female child and then, she was subjected to cruelty by her in-laws and demand of rupees one lakh and a motorcycle was being made and due to non-fulfillment, she was killed and dead body of his daughter and grand daughter were found in the well of the house.

Submission is of false implication and that never

Patna High Court Cr.Misc. No.41874 of 2014 (3) dt.16-02-2015 demand was made for anything, no torture was committed. It was accidental death of the deceased. The petitioner had informed the informant and he surrendered voluntarily in the court below on 24.4.2014 and since then he is in custody. The post mortem report does not support the allegation as there is no external injury to which the learned APP opposes.

Considering the submissions urged at bar, going through the records and noticing that chargesheet has already been submitted and there is no chance of tempering with the prosecution evidence, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Jamui in S. T. No. 225 of 2014 arising out of Khaira P.S. Case No. 42 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T