Bablu Ram @ Babul Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44198 of 2024 Arising Out of PS. Case No.-335 Year-2023 Thana- MAHARAJGANJ District- Siwan ====================================================== Bablu Ram @ Babul Ram S/O Late Fulena Ram R/O Kamasara. P.S. - Daraunda, Dist - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Prakash Singh, Adv.
For the State :
Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 03-07-2024 At the outset, learned advocate for the petitioner submits that due to inadvertence the period of custody in paragraph no. 15 of the bail application has been wrongly mentioned which ought to 29.04.2024 in place of 20.12.2023.
2. Heard learned advocate for the petitioner and learned Additional Public Prosecutor for the State.
3. The petitioner seeks regular bail, who is in custody in connection with Maharajganj P.S. Case No. 335 of 2023 registered for the offence punishable under Sections 304(B), 201 and 34 of the Indian Penal Code.
4. Based upon the written statement, the prosecution alleges that the marriage of the informant's daughter was solemnized with co-accused Prem Kumar (who happens to be nephew of the petitioner) in the month of June, 2017. There is
Patna High Court CR. MISC. No.44198 of 2024(2) dt.03-07-2024 2/3 allegation of demand of dowry and on account of nonfulfillment of the same, victim was subjected to torture and later on done to death by all the accused persons.
5. Learned advocate for the petitioner contended that there is omnibus nature of allegation against all the family members. Admittedly, the marriage was solemnized in the year 2017 and as such at this belated stage demand of dowry appears to be not trustworthy. It is further contended that the petitioner is Maternal uncle of the deceased and he has not any way connected with day to day affairs of the deceased and her husband. It is further contended that in fact on the date of alleged occurrence the petitioner was not present in the house of deceased as petitioner has been residing in different house with his family. Moreover, the husband of the deceased is languishing in judicial custody and so far petitioner is concerned he has been in custody since 29.04.2024 having no criminal antecedent.
6. On the other hand, learned APP for the State vehemently opposes the bail application.
7. Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioner is the Maternal uncle of the deceased and having separate
Patna High Court CR. MISC. No.44198 of 2024(2) dt.03-07-2024 3/3 accommodation, coupled with the omnibus nature of allegation, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Siwan, in connection with Maharajganj P.S. Case No. 335 of 2023.
(Harish Kumar, J) Arish/- U T