Sanjay Ram v. Tha State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56630 of 2021 In CRIMINAL MISCELLANEOUS No.258 of 2016 Arising Out of PS. Case No.-96 Year-2014 Thana- JAMHOR District- Aurangabad ====================================================== SANJAY RAM S/o LATE GANAURI RAM R/o VILLAGE-PIPRA, P.SJAMHORE, DISTRICT-AURANGABAD (BIHAR). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar For the Opposite Party/s :

Mr.Kanhaiya Kishore(App. 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding. The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner seeks bail in Jamhore P.S. Case No. 96 of 2014 registered under Section 304B/34 of the Indian Penal Code.

Earlier prayer for bail of the petitioner was rejected taking

Patna High Court CR. MISC. No.56630 of 2021(3) dt.05-01-2022 2/3 into account that the petitioner happened to be husband of the deceased and the onus was upon him to explain the cause of death of the deceased.

The case was instituted for the offence under Section304B & other allied sections of the IPC. A report was called for from the trial court. It has been reported that out of 10 prosecution witnesses, nine prosecution witnesses have already been examined and the I.O. is yet to be examined. Summons were issued upon the I.O. as back as in 2018 but his appearance could not be secured by the trial court for adducing his evidence in the present case. Further it has been pointed out that the FSL report is also awaited in the present case.

On behalf of the petitioner, it has been submitted that the petitioner is in custody since 14-08-2014. He has no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. He has remained in custody for approximately more than 7 years.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the period already undergone, the petitioner named above is directed to be released on bail on his personal

Patna High Court CR. MISC. No.56630 of 2021(3) dt.05-01-2022 3/3 bond to the satisfaction of learned Additional District & Sessions Judge-IV, Aurangabad in connection with Sessions Trial No. 258 of 2016/109 of 2018 arising out of Jamhore P.S. Case No. 96 of 2014.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T