Jeewit Ram @ Jiut Ram @ Jiuat Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39576 of 2024 Arising Out of PS. Case No.-679 Year-2023 Thana- CHANPATIA District- West Champaran ====================================================== Jeewit Ram @ Jiut Ram @ Jiuat Ram Son of Late Bangali Ram R/O VillageLagunaha, Pokhara Tola, Ward no. 13, P.S.- Chanpatiya, Dist.- West Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :
Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
02. In the present case, the petitioner is apprehending his arrest in connection with Chanpatiya P.S. Case No. 679 of 2023, registered on 13.11.2023, for the offence punishable u/s 304B, 201 and 120B of the Indian Penal Code.
03. As per the prosecution case, the daughter of the informant was married with co-accused Akhilesh Ram and the petitioner is a co-villager. Allegation against the co-accused persons is that of demanding dowry and inflicting torture on non-fulfillment of demand. Later on the daughter of the informant was killed and her dead body was disposed of and the petitioner helped in disposing of the dead body.
Patna High Court CR. MISC. No.39576 of 2024(2) dt.12-07-2024 2/3
04. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. The petitioner is having no concern with the family affairs of the deceased and her husband. There is no specific allegation of torture, cruelty or assault against the petitioner and the allegation of demand of dowry is against co-accused persons. Moreover, the petitioner is a co-villager and he has been named in this case only because of that he was the mediator of the marriage of co-accused and daughter of the informant. Learned counsel further submits that co-accused Niraj Ram, Jitendra Ram and Sugi Devi have been granted anticipatory bail by this Court vide order dated 12.03.2024 passed in Criminal Misc. No. 14310 of 2024. The petitioner has got no criminal antecedent.
05. Learned APP for the State vehemently opposes the prayer for anticipatory bail submitting that there is allegation against co-accused persons of causing dowry death and the petitioner helped in disposing of the dead body.
06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the fact that petitioner is a co-villager and further considering the lack of substantive material against the petitioner coupled with possibility of false implication, let the petitioner above named,
Patna High Court CR. MISC. No.39576 of 2024(2) dt.12-07-2024 3/3 in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of the learned court concerned, Bettiah, West Champaran in connection with Chanpatiya P.S. Case No. 679 of 2023, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) Ashish/- U T