Baue Lal Ram @ Boua Lal Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46312 of 2017 Arising Out of PS.Case No. -4 Year- 2016 Thana -GHOGHARDIHA District- MADHUBANI ====================================================== Baue Lal Ram @ Boua Lal Ram, son of Late Subbi Ram, resident of village - Karihar, P.S. Ghoghardiha, District Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s : Mr. Shailendra Kumar -1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 18.12.2016 in connection with Ghoghardiha P.S. Case No. 04 of 2016, G.R. No. 57 of 2016 registered for the offence punishable under Sections 302, 201 and 120(B) of the Indian Penal Code. The prosecution case, as lodged by the informant, is that his niece, Radha Devi was married to co-accused Sanjay Ram 7-8 years back and he has three daughters out of the said wedlock. It is further alleged that the husband along with in-laws of the deceased has killed his niece and disposed of the dead body without the knowledge of the informant.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.46312 of 2017 (2) dt.21-09-2017 2/2 petitioner that he is innocent, not named in the First Information Report and his name surfaced only on the confessional statement of Sanjay Ram, husband of the deceased and allegation against the petitioner is of disposing of the dead body. He submits that he is the uncle-in-law of the deceased and has been falsely implicated in the aforesaid case. He submits that husband of the deceased has been granted the privilege of bail by this Court in Cr. Misc. No. 26378 of 2017 on 25.07.2017.

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 Sub-Divisional Judicial Magistrate, Jhanjharpur, Madhubani in connection with Ghoghardiha P.S. Case No. 04 of 2016, G.R. No. 57 of 2016, subject to the condition that both the bailors would be close relative of the petitioner. (Nilu Agrawal, J.) Arjun/- U T