Ganesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37894 of 2022 Arising Out of PS. Case No.-40 Year-2021 Thana- BEUR District- Patna ====================================================== 1.

Ganesh Ram Son of Late Bijendra Ram Resident of village- Alipur, P.S.- Beur, Distt.- Patna 2.

Subhuwati Devi @ Subhauti Devi Wife of Sri Ganesh Ram Resident of village- Alipur, P.S.- Beur, Distt.- Patna ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-09-2022 Let the defect(s), if any, be removed within two weeks from today.

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

The petitioners seek regular bail in connection with Sessions Trial No. 430 of 2022 arising out of Beur P.S. Case No. 40 of 2021 lodged under Sections 304B, 201, 120B, 34 of the I.P.C.

As per the prosecution case, allegation made in the F.I.R. is that the informant has alleged that his daughter was subject to torture at the hand of his son-in-law. It has been alleged that 6 named accused persons have strangulated his

Patna High Court CR. MISC. No.37894 of 2022(2) dt.23-09-2022 2/3 daughter and removed the dead body.

Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. He further submits that petitioners are father-in-law and mother-inlaw of the deceased. He further submits that the death of the deceased took place due to Corona. She was cremated at Danapur and in this regard information had already been communicated to the family of the informant. Learned counsel for the petitioners submits that petitioners are in custody since 30.10.2021 having clean antecedent and charge sheet has already been filed in this case. He also intimated to the Court that husband is in custody.

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 Additional Sessions Judge-XVIII, Patna in connection with Sessions Trial No. 430 of 2022 arising out of Beur P.S. Case No. 40 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other

Patna High Court CR. MISC. No.37894 of 2022(2) dt.23-09-2022 3/3 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 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.) ashishsingh/- U T