Ram Bachan Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33249 of 2025 Arising Out of PS. Case No.-385 Year-2024 Thana- RAXAUL District- East Champaran ====================================================== Ram Bachan Shah S/O Late Suraj Shah R/O Vill.- Siswa, Wardn No. 4, P.S.- Raxaul, Dist.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 26-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 103 and 3(5) of the Bharatiya Nyay Sanhita (BNS), 2023.

3. The allegation against the petitioner is that, in collusion with the other co-accused persons, he has committed murder of the informant's sister on account of non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely

Patna High Court CR. MISC. No.33249 of 2025(2) dt.26-05-2025 2/3 implicated in the present case. It is further submitted that the petitioner, being the father-in-law of the deceased, had no involvement in her domestic affairs or personal matters of the deceased. It is further submitted that the marriage between the deceased and her husband was solemnized approximately 8 to 9 years prior to the alleged incident. From a plain reading of the FIR, it appears that a telephonic call was made to the informant stating that his sister was unwell at her matrimonial home, and that the family members had failed to hospitalize her in time. It is also stated in paragraph 3 of the bail petition that the petitioner bears a clean antecedent with no prior criminal record. Additionally, the petitioner is languishing in judicial custody since 25.02.2025. It is further pointed out that several coaccused, who are similarly situated, have already been granted bail by a coordinate Bench of this Court vide order dated 22.05.2025 passed in Cr. Misc. No. 33575 of 2025.

Patna High Court CR. MISC. No.33249 of 2025(2) dt.26-05-2025 3/3

5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail, after framing of charge, in connection with Raxaul P.S. Case No. 385 of 2024 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Raxaul, Motihari. (S. B. Pd. Singh, J) Nirajkrs/- U T