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Patna High CourtCR. MISC./41618/2022bail granted

Ramu Rao @ Ramu Raut v. The State Of Bihar

2022-11-16Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41618 of 2022 Arising Out of PS. Case No.-425 Year-2021 Thana- BARACHATTI District- Gaya ====================================================== Ramu Rao @ Ramu Raut Son of Late Raju Rao @ Raju Raut Resident of Village - Chanda , P.S.- Barachatty, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Javed Jafar Khan, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 16-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Barachatti P.S. Case No. 425 of 2021 registered for the offences punishable under Sections 304(B), 120(B) of the Indian Penal Code.

As per the prosecution, the informant's sister's marriage was solemnized with Sintu Rao in the year 2017 and after some time the accused persons started torturing and harassing her. On the alleged date and time of occurrence, the informant received an information that his sister has died and

Patna High Court CR. MISC. No.41618 of 2022(2) dt.16-11-2022 2/3 when the informant with his family members reached at the matrimonial home of her sister then he was told that all the accused persons including this petitioner have cremated the dead body and on the basis of this the informant has raised suspicion against this petitioner and other accused persons. The main submissions advanced by the learned counsel Mr. Md. Javed Jafar Khan for the petitioner are that the petitioner is the father-in-law of the deceased and has been languishing in jail since 14th March, 2022 and the allegation made in the FIR is general and omnibus in nature against the petitioner and it has not been alleged in the FIR that the deceased was tortured for the demand of dowry and also the husband of the deceased is in judicial custody. Learned APP Mr. Sanjay Kumar Tiwary appearing for the State has opposed the bail prayer.

Heard both the sides and perused the FIR. The petitioner is stated to be the father-in-law of the deceased, altogether seven persons have been made accused in this case, against the petitioner there is no specific allegation and in the FIR it has not been alleged that the accused persons including the petitioner tortured the deceased for the demand of dowry and the husband of the deceased is in jail as per the above

Patna High Court CR. MISC. No.41618 of 2022(2) dt.16-11-2022 3/3 submission. Considering these facts as well as above submissions and the petitioner's custody period, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner 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 concerned Court in connection with Barachatti P.S. Case No. 425 of 2021.

(Shailendra Singh, J.) sangam/- U T