Amirilal Ram And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56724 of 2017 Arising Out of PS.Case No. -78 Year- 2016 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Amirilal Ram

2. Motilal Ram, Both Son of Late Bhadai Ram, resident of village-Jogoliya Nandiram Chhapra, P.S.-Madhuban, District-East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar, Adv. For the Opposite Party/s : Mr. Anant Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 13-12-2017 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. The petitioners seek bail in connection with Madhuban Police Station Case No. 78 of 2016 registered for the offence punishable under section 304(B)/34 of the Indian Penal Code.

It has been submitted that the petitioners are full brothers of the husband of the deceased. Out of them, petitioner no. 1 is in Military service. Both the petitioners are residing separately from the deceased and her husband. From the impugned order it appears that the deceased was married for about 30 years ago. In FIR it has been alleged that her husband

Patna High Court Cr.Misc. No.56724 of 2017 (2) dt.13-12-2017 2/2 used to torture the deceased in connection with demand of motor cycle and cash amount. The contention of the learned counsel for the petitioners is that at best section 201 I.P.C. would be applicable on the allegation that they had participated in cremation of the dead body. The petitioners having clean antecedent are in custody since 05.08.2017.

Considering the facts and circumstances of the case, the prayer for bail is allowed and the above named petitioners are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Madhuban Police Station Case No. 78 of 2016.

(Sanjay Kumar, J) Mahesh/- U T