Jadish Ram @ Jagdish Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37023 of 2023 Arising Out of PS. Case No.-181 Year-2022 Thana- NARPATGANJ District- Araria ====================================================== JADISH RAM @ JAGDISH RAM Son of Manik Ram VILLAGE FATEHPUR WARD NO 18 P S NARPATGANJ DISTT ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-07-2023

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail, who is in custody since 23.04.2022 in connection with S.T. No.164/2023, arising out of Narpatganj P.S. Case No. 181/2022, dated 23.04.2022, for the offences punishable under Sections 302, 120(B)/34 of the IPC.

3. According to prosecution case, the petitioner is alleged to have killed the deceased namely Rukmani Devi with the assistance of Domni Devi.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R.

Patna High Court CR. MISC. No.37023 of 2023(3) dt.31-07-2023 2/3 He further submits that the informant is not an eyewitness of the alleged occurrence. Even no one has seen the alleged occurrence. He further submits that the petitioner has confessed his guilt. Apart from that co-accused, namely, Domni Devi also suggest that the involvement of the petitioner in the present occurrence. He further submits that except the confessional statement of the petitioner and the confessional statement of the co-accused, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence and even no one has seen the alleged occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 23.04.2022.

5. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Araria in connection with S.T. No.164/2023, arising out of Narpatganj P.S. Case No. 181/2022, subject to the following

Patna High Court CR. MISC. No.37023 of 2023(3) dt.31-07-2023 3/3 conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T