Shivpujan Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38221 of 2025 Arising Out of PS. Case No.-135 Year-2024 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Shivpujan Ram Son of Maheshi Ram R/O Village- Basahiya Sheikh Tole Garwa, P.S.- Piprahi, District - Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Devendra Kumar, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-06-2025 Heard Mr. Devendar Kumar, learned counsel for the petitioner and Mr. Arun Kumar Singh, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Tariyani P.S. Case No. 135 of 2024, F.I.R. dated 02.07.2024 for the offences punishable under Sections 103(1), 80, 238 and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. According to prosecution case, the marriage of the informant's daughter was solemnized with Arun Kumar on 28.04.2024 and after the marriage the daughter's in-laws started demanding dowry and they also threatened about the performance of the second marriage of her husband with some other girl.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he is not named in the F.I.R.
Patna High Court CR. MISC. No.38221 of 2025(2) dt.19-06-2025 2/3 and his name was transpired during investigation and the petitioner is the brother-in-law (Nandosi) of the deceased. He further submits that the at the time of occurrence, the petitioner was in Delhi and he has no role in the present occurrence. He further submits that similar situated co-accused persons, namely, Santosh Ram, Mukesh Ram and Anita Devi are the cousions of the husband of the informant and they have have granted the privilege of anticipatory bail by a Co-ordinate Bench of this Court vide order dated 08.05.2025 in Cr. Misc. No. 2626 of 2025.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, the petitioner has clean antecedent and the similarly situated co-accused persons have been granted bail by a Co-ordinate Bench of this Court, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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, Sheohar in connection with Tariyani P.S. Case No. 135 of 2024, subject to the conditions as laid
Patna High Court CR. MISC. No.38221 of 2025(2) dt.19-06-2025 3/3 down under Section 438(2) of the Code of Criminal Procedure/482(2) of the B.N.S.S., 2023 and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Jyoti Kumari/- U T