Budhan Ram @ Dudhan Ram @ Hari Chandra Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 46529 of 2022 Arising Out of PS. Case No.-15 Year-2021 Thana- SURYAPURA District- Rohtas ====================================================== BUDHAN RAM @ DUDHAN RAM @ HARI CHANDRA RAM Son of Ramnath Ram @ Ramnath Kahar Resident of Village - Milki (Suara), Police Station- Suryapura, District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajani Kant Singh, Advocate For the Opposite Party/s :
Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2023 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
The petitioner is in custody in a case registered for the offence punishable under Sections 302 and 201/34 of the Indian Penal Code.
Allegation against the petitioner is of subjecting torture to the deceased and abused due to non-fulfilment of dowry demand. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that earlier the deceased had no complaint of harass and torture rather she was suffering from abdominal pain and on 22.01.2021 she was referred to higher centre for proper medical treatment but in the way she died accordingly the information was given to the informant. As such, the entire prosecution case is false, concocted and contrary to
Patna High Court CR. MISC. No. 46529 of 2022(3) dt.11-01-2023 2/2 the actual facts and no such occurrence took place as alleged by the prosecution and from perusal of the FIR, it appears that there is general and omnibus allegation of murder against all the accused persons due to non-fulfilment of demand of dowry and no specific allegation against this petitioner. Marriage of the deceased and the petitioner had taken place in the year 2010 and from the said wedlock two children born. Petitioner is in judicial custody since 02.03.2022. Learned APP appearing for the State has opposed the prayer for regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner 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 Sri L.B. Paswan, Judicial Magistrate, Ist, Bikramganj, District- Rohtas/concerned Court in connection with Suryapura P.S. Case No. 15 of 2021.
(Sunil Kumar Panwar, J) Brajesh Kumar/- U T