Suraj Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35246 of 2020 Arising Out of PS. Case No.-252 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== 1.

Suraj Ram Son of Late Feku Ram Residence of Village-Karnameya, P.S.- Bettiah Muffasil, District-West Champaran.

2.

Santosh Ram Son of Late Feku Ram Residence of Village-Karnameya, P.S.- Bettiah Muffasil, District-West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar, Advocate For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-02-2021 Heard the learned counsel for the petitioners and Shri learned A.P.P. for the State.

The petitioners seek regular bail in connection with Bettiah Muffasil P.S. Case No. 252 of 2020 for the offence punishable under Sections 341, 323, 504, 506, 302, 201/34 of the Indian Penal Code.

The allegation is regarding the accused persons including the petitioners herein having engaged in torturing the daughter of the informant and subsequently the informant is stated to have received information that her daughter had been killed by the accused persons.

The learned counsel for the petitioners has submitted that

Patna High Court CR. MISC. No.35246 of 2020(3) dt.22-02-2021 2/3 the petitioners are innocent, have been falsely implicated in the present case, are having a clean antecedent and they are in custody since 09.06.2020. The learned counsel for the petitioners has further submitted that as far as the petitioners are concerned, they are brothers of the husband of the deceased victim lady and are living separately from the husband of the deceased victim lady and have got nothing to do with the affairs of the deceased victim lady and her husband, hence are having no complicity in the matter. Lastly, it is submitted that if at all anybody is responsible for the death of the deceased victim lady, it might be her husband.

Per contra, the learned APP appearing for the State Shri Ashok Kumar has vehemently opposed the prayer for bail. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the materials available on record as also those available in the case diary, I find that minuscule evidence is available against the petitioners herein, who are brothers of the husband of the deceased victim lady, staying separately from them, hence, I deem it fit and proper to admit the petitioners to the privilege of regular bail. Accordingly, the petitioners, above named, are

Patna High Court CR. MISC. No.35246 of 2020(3) dt.22-02-2021 3/3 directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah in connection with Bettiah Muffasil P.S. Case No. 252 of 2020.

(Mohit Kumar Shah, J) S.Sb/- U T