Nirlesh Ram @ Nilesh Ram @ Nirlesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56884 of 2018 Arising Out of PS. Case No.-489 Year-2017 Thana- HARSIDHI District- East Champaran ====================================================== NIRLESH RAM @ NILESH RAM @ NIRLESH, S/o Mohan Ram, Resident of Village- Vishunpura, Police Station- Harsidhi, District- East Champaran. ... ... Petitioner

Versus

1. The State of Bihar.

2. Poonam Devi, W/O Faguni Ram, resident of Village- Pakari Dikshit, P.S. Kalyanpur, District-East Champaran.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Anil Kumar, Advocate.

For the State :

Mr. Nawal Kishore Prasad, A.P.P.

For the O.P. No. 2 : Mr. Rajesh Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

The petitioner is languishing in custody since 13.04.2018 in a case for the offence registered under Sections 304(B) and 201/34 of the IPC.

The prosecution story, in brief, is that the marriage of the daughter of the informant Gayatri Devi was solemnized with this petitioner Nilesh Ram according to Hindu rite and customs on 21.04.2014. On 20.12.2017 in the evening at about 6.00 P.M. the informant came to know that the accused persons including

Patna High Court CR. MISC. No.56884 of 2018(7) dt.17-07-2019 2/3 this petitioner have committed murder of her daughter by feeding poison due to non-fulfilment of dowry and burnt her dead body.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The informant has filed a petition on 25.06.2018 before the learned Chief Judicial Magistrate, Motihari, East Champaran where she has retracted from her earlier statement made in the F.I.R., vide Annexure-2 to the present application. The said fact is not denied by the learned counsel for the appearing for opposite party no. 2.

On behalf of the learned counsels for the State and opposite party no. 2, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran, Motihari, in connection with Harsidhi P.S.

Patna High Court CR. MISC. No.56884 of 2018(7) dt.17-07-2019 3/3 Case No. 489 of 2017, G.R. Case No. 7851 of 2017. (Sudhir Singh, J) U.K./- U T