Jagarnath Ram And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15217 of 2015 Arising Out of PS.Case No. -176 Year- 2014 Thana -VIJAYPUR District- GOPALGANJ ======================================================
1. JAGARNATH RAM, SON OF LATE RAMESHWAR RAM,
2. VIKASH RAM, SON OF JAGARNATH RAM, BOTH ARE THE RESIDENT OF VILLAGE- NAWKA TOLA, P.S. VIJAYIPUR, DISTRICT GOPALGANJ .... .... PETITIONER/S
VERSUS
THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar @ S.K., Advocate. For the Opposite Party/s : Mr. Ram Naresh Roy(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-08-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners are accused in connection with Vijayipur P.S. Case No. 176 of 2014 registered under Sections 304(B)/34 of the Indian Penal Code.
The allegation of informant, Rampravesh Ram, is that marriage of his daughter, Archana Devi, was performed on 27.06.2012 with Bhual Ram, son of Jagarnath Ram (petitioner no.1). After marriage, daughter of informant was tortured by her husband, father-in-law and brother-in-law due to demand of dowry. On 28.11.2014, father-in-law (petitioner no. 1) of his daughter informed him that his daughter had gone to attend the
call of nature in the morning but she did not return. On 03.12.2014, dead body of daughter of informant was found in the river. Informant has further alleged that his daughter has been killed by her husband, father-in-law and brother-in-law and thereafter her dead body was thrown in the river. Learned counsel for the petitioners submits that petitioners are the father-in-law and brother-in-law of the deceased and have falsely been implicated in this case due to ulterior motive. It is further submitted that it would appear from the F.I.R. that daughter of informant went to attend the call of nature and thereafter she did not return thereafter information was given to the informant about the missing of his daughter and later on dead body was recovered in the river.
It is further submitted that, in fact, Bhuwal Ram, husband of the deceased, is a patient of epilepsy due to that reason deceased, Archna Devi, was not ready to live with him and she had gone several times to her Maika but the informant, father of the deceased, used to give pressure to her to live in Sasural house against her will due to that reason perhaps she committed suicide. It is also submitted that the cause of death is asphyxia due to drawing. It is further submitted that petitioners are in custody since 22.12.2014.
Having regard to the facts and the circumstances of
the case, the petitioners above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri Ashish Mishra, J.M. Ist Class, Gopalganj, in connection with Vijayipur P.S. Case No. 176 of 2014. (Rajendra Kumar Mishra, J) Bhardwaj/- U T