← Library
Patna High CourtCR. MISC./40639/2023allowed

Ram Bharos Choupal @ Ram Bharos Das v. The State Of Bihar

2023-08-23Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40639 of 2023 Arising Out of PS. Case No.-467 Year-2022 Thana- BAHERA District- Darbhanga ====================================================== 1.

Ram Bharos Choupal @ Ram Bharos Das Son Of Late Bihari Chaupal Resident Of Villge- Baigni, Ps- Bahera, District- Darbhanga 2.

Jhulia Devi Ram Bharos Choupal @ Ram Bharos Das Resident Of VillgeBaigni, Ps- Bahera, District- Darbhanga ... ... Petitioner/s

Versus

The State Of Bihar Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Chandra For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 304(B), 34 of the Indian Penal Code.

As per prosecution case, the informant alleged that the petitioners used to torture his daughter due to nonfulfillment of dowry demand. It is further alleged that they poured kerosene oil on the body of the deceased and set her on fire due to which she sustained burn injuries and during treatment she died.

Learned counsel for the petitioners submit that the

Patna High Court CR. MISC. No.40639 of 2023(3) dt.23-08-2023 2/3 petitioners are innocent and have committed no offence. The petitioners are in-laws of the deceased due to which they have falsely been implicated in this present case. There is inordinate delay of about six days without given any cogent reason. The petitioners have no concern mess and business of the deceased as well as her husband and was living separately from them. The deceased was issue-less and due to depression she committed suicide by setting herself in fire and there is no specific allegation levelled against the petitioners. It is further submitted that the husband of the deceased is already in judicial custody. The petitioners have got no criminal antecedent. Moreover, the petitioners are languishing in judicial custody since 07.11.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Bahera

Patna High Court CR. MISC. No.40639 of 2023(3) dt.23-08-2023 3/3 P.S. Case No. 467 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Bennipur, Darbhanga.

(Sunil Kumar Panwar, J) Manishkumar/- U T