Rama Ashish Malik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35954 of 2022 Arising Out of PS. Case No.-369 Year-2021 Thana- LALGANJ District- Vaishali ====================================================== Rama Ashish Malik S/O Late Asin Malik Resident of Village- Sahdullapur, P.S.- Lalganj, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rina Sinha, Adv.

For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Lalganj P.S. Case No. 369 of 2021 lodged under Sections 304 (B) / 201/34 of the I.P.C.

As per the prosecution case, the allegation of dowry death is there in the F.I.R. against the family members of the deceased.

Learned counsel for the petitioner submits that all the persons that is husband, father-in-law and mother-in-law have been made accused.

Learned counsel for the petitioner submits that there is

Patna High Court CR. MISC. No.35954 of 2022(2) dt.19-09-2022 2/3 a general and omnibus allegation against all the petitioners in this case. Learned counsel for the petitioner further submits that petitioner is an old aged person about 62 years. Learned counsel for the petitioner has specifically mentioned in para 13 that the petitioner is already in judicial custody. It has been further submitted that the present petitioner is in custody since 23.01.2022 having clean antecedent. Charge sheet has already been filed in this case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-IX, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 369 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of

Patna High Court CR. MISC. No.35954 of 2022(2) dt.19-09-2022 3/3 his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J) prakashmani/- U T