Prem Chand Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19441 of 2017 Arising Out of PS.Case No. -103 Year- 2016 Thana -RAMGARH District- BHABHUA (KAIMUR) ====================================================== Prem Chand Ram, son of Tufani Ram, Resident of Village- Sijhua, P.S.- Ramgarh, Dist- Kaimur (Bhabua).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rudra Deo, Advocate For the Opposite Party/s : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-06-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in custody since 04.12.2016 in connection with Ramgarh P.S. Case No. 103/16 for the offences alleged under Sections 304-B, 201/34 of the Indian Penal Code although charge-sheet has been submitted under Sections 302, 201/34 of the I.P.C.

The prosecution case is that the daughter of the informant Soni Kumari was having love affair with the son of the petitioner Ramakant Ram and the father of the petitioner had demanded dowry for the marriage. The deceased went to the house and there it is alleged that she was administered poison, which resulted in her death.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.19441 of 2017 (4) dt.20-06-2017 2/2 petitioner that he is innocent, has no criminal history and the allegations against the petitioner are false. He submits that the allegations are general and omnibus and just because the death occurred in the house of the petitioner where his son Ramakant Ram was having love affair with the deceased that the petitioner has been made accused. It is submitted that the charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Addl. Chief Judicial Magistrate-I, Kaimur at Bhabhua in connection with Ramgarh P.S. Case No. 103/16, subject to the condition that petitioner will appear before the learned Court below during trial on each and every date and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J) Rajesh/- U T