Dharamlal Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44106 of 2022 Arising Out of PS. Case No.-51 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== DHARAMLAL RAM Son of Sudama Ram Resident of Village - Kolhuarawa, P.S.- Motihari Town, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Sessions Trial No. 589 of 2022 arising out of Muffasil P.S. Case No. 51 of 2022 registered for the offences punishable under Sections 363 of the Indian Penal Code. Later on, Sections 302, 201 and 120B of the Indian Penal Code were added to the set of allegations.

The case of the prosecution, in brief, according to the informant, is that her son Sonu Kumar was missing since 27.12.2021 and could not be traced despite efforts being made to search for him. Subsequently, the dead body of the son of the informant is stated to have been recovered and it had transpired that he had died on account of

Patna High Court CR. MISC. No.44106 of 2022(2) dt.30-01-2023 2/3 asphyxia as a result of pressure over his neck. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 11.02.2022. It is further submitted that though the petitioner is an accused in one another case but he is on bail in the said case. It is also submitted that there is no eyewitness to the alleged occurrence and the petitioner is having no complicity in the matter. Per contra, the learned A.P.P. for the State as also the learned counsel appearing for the informant have vehemently opposed the prayer for bail and it has been submitted that the present case is a case of honour killing inasmuch as the son of the informant was having love affair with the daughter of the petitioner and that is why the accused persons including the petitioner herein hatched a conspiracy and killed the deceased son of the informant.

Having regard to the facts and circumstances of the case, considering the

Patna High Court CR. MISC. No.44106 of 2022(2) dt.30-01-2023 3/3 submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also those available in the case diary, this Court finds that minuscule evidence is available on record so as to connect the petitioner with the alleged occurrence, apart from the fact that there is no eye witness to the alleged occurrence and the petitioner is languishing in custody since about one year, hence, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the petitioner, above named, is directed to 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 learned 16th Additional Sessions Judge, East Champaran at Motihari in connection with Sessions Trial No. 589 of 2022 arising out of Muffasil P.S. Case No. 51 of 2022.

(Mohit Kumar Shah, J) S.Sb/Saurav U T