Ram Suman Rai @ Ram Shuman Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36116 of 2020 Arising Out of PS. Case No.-110 Year-2020 Thana- RAJPUR District- Buxar ====================================================== Ram Suman Rai @ Ram Shuman Rai Son Of Ram Niwas Rai Resident Of Village - Tiyara, P.S. Rajpur, District- Buxar (BIHAR). ... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Soni Srivastava with Mr.Anil Kumar Roy, Advocates For the State :

Mr. Mithilesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-02-2021 Heard learned counsel for the petitioner and the learned APP for the State.

Learned counsel for the petitioner is expected to honor her undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

The petitioner seeks bail in Rajpur PS Case No. 110 of 2020 instituted for the offence under Sections 302/34 of the Indian Penal Code.

The allegation against the petitioner, who is husband of the victim, is that he has done to death his wife. Learned counsel for the petitioner submits that the death has not been caused by the petitioner. All witnesses, who have deposed at the trial, including the victim's son, have not supported the allegations. The petitioner continues to be in custody since 27.05.2020. In support of her submissions, the learned counsel has placed on record the Xerox copies of the depositions.

Patna High Court CR. MISC. No.36116 of 2020(4) dt.12-02-2021 2/2 The learned APP for the State has opposed the prayer for bail by submitting that there is specific allegation against the petitioner.

Considering the rival submissions, 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 Chief Judicial Magistrate, Buxar, in connection with Rajpur PS Case No. 110 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T