Bijeswar Ram @ Bisheswar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38193 of 2019 Arising Out of PS. Case No.-495 Year-2018 Thana- PAROO District- Muzaffarpur ====================================================== Bijeswar Ram @ Bisheswar Ram Son of Late Dhaneswar Ram Resident of Village - Kamalpura Mathiya, P.S.- Paroo, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore, Advocate For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 30.12.2018 has filed the instant application for grant of bail in connection with Paroo P.S. Case No. 495 of 2018 registered for the offence punishable under sections 302 and 34 of the Indian Penal Code. As per the allegation in the FIR, it is alleged by the informant that her brother who happens to be the son- in- law of this petitioner died under mysterious circumstances in his Sasural. It is stated that this petitioner who happens to be the father-in-law, his wife and two brother-in-laws started to assault her brother, as a result of which he died.

It is submitted by learned counsel for the petitioner that the allegation as leveled in the F.I.R is false and concocted. The postmortem report does not support the allegation of assault

Patna High Court CR. MISC. No.38193 of 2019(3) dt.11-09-2019 2/2 by three accused persons i.e. this petitioner who happens to be the father-in-law, his wife and two brother-in-laws. There is no eye witness to the occurrence. The petitioner is in custody since 30.12.2018 and has clean antecedent.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the fact that the there is no eye-witness to the occurrence and the petitioner is in custody since 30.12.2018, the Court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Judge 3rd-cum A.C.J.M 3rd, Muzaffarpur West in connection with Paroo P.S. Case No. 495 of 2018 (G.R. No. 4380 of 2018).

(Partha Sarthy, J) Prakash/- U