Patna High CourtCR. MISC./30278/2016bail granted

Ashok Ram v. The State Of Bihar

2016-12-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30278 of 2016 Arising Out of PS.Case No. -203 Year- 2015 Thana -KUCHAIKOTE District- GOPALGANJ ====================================================== Ashok Ram Son of Sri Chandradeo Ram, resident of village-Hem Bardaha,P.S. - Kuchaikote, District-Gopalganj .... .... Petitioner/s

Versus

1. The State of Bihar

2. Gamha Ram S/o late Kauleshwar Ram, R/o village Kala Matihiniya Naya Basinda Salehpur Bandh, P.S. Bishambharpur, Distt. Gopalganj .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar Pandey, Advocate For the Opposite Party/s : Mr. Amrendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-12-2016 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case instituted for the offences under Sections 304(B)/34 of the I.P.C. Allegation is that the accused persons including the petitioner killed the daughter of the informant due to nonfulfilment of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 8.3.2016 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely

Patna High Court Cr.Misc. No.30278 of 2016 (5) dt.05-12-2016 2/2 been implicated in the present case. Vide Annexure-3 series to the present application a petition has been filed in the court below, where the informant has retracted from his earlier statement made in the F.I.R.

On behalf of the State and the learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R. and he is the husband of the deceased. The counsel for the informant accepts the petition filed by him in the court below vide Annexure-3 series, where he has stated that the case was instituted due to mistake of fact.

Considering the aforesaid facts and circumstances, it is directed that 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 learned C.J.M., Gopalganj in connection with Kuchaikote P.S. case No.203 of 2015.

(Sudhir Singh, J) Narendra/- U T