Sanni Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45315 of 2022 Arising Out of PS. Case No.-40 Year-2021 Thana- BEUR District- Patna ====================================================== SANNI RAM SON OF GANESH RAM R/O VILLAGE- ALIPUR, P.S.- BEUR, DISTRICT- PATNA (BIHAR) ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shishir Kumar For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 09-12-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State in virtual court proceeding. The petitioner seeks bail in connection with Beur P.S. Case No.40 of 2021 registered for the offences punishable under Sections 304(B), 201, 120(B) and 34 of IPC. As per prosecution case, petitioner and others are alleged to have committed the murder of informant's daughter by pressing neck for non-fulfillment of demand of dowry. It is further alleged that dead body of the deceased has been disappeared by them.

Learned counsel for the petitioner submits that petitioner is in custody since 10.01.2022 and bears no criminal

Patna High Court CR. MISC. No.45315 of 2022(2) dt.09-12-2022 2/3 antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that petitioner has been residing separately since 3 years from the deceased and his family. He further submits that specific allegation is against the co-accused Santosh Kumar. The allegation against the petitioner is general and omnibus in nature. He further submits that co-accused Juli Devi and Ganesh Ram on similar allegation, have already been granted bail vide Cr. Misc. No. 32173 of 2021 and Cr. Misc. No. 37894 of 2022 respectively by co-ordinate bench of this court and the case of present petitioner stands on similar footing. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, co-accused have already been granted bail by co-ordinate bench of this court, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.45315 of 2022(2) dt.09-12-2022 3/3 with two sureties of the like amount each to the satisfaction of learned CJM, Patna in connection with Beur P.S. Case No. 40 of 2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) vashudha/- U T