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Patna High CourtCR. MISC./46240/2017allowed

Bijoy Ram @ Vijay Ram And ORS v. State Of Bihar And ANR

2017-11-03Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46240 of 2017 Arising Out of PS. Case No.-119 Year-2017 Thana- KHODABANDPUR District- Begusarai ======================================================

1. Bijoy Ram @ Vijay Ram,

2. Pawan Ram

3. Rajiv Ram

4. Rajiv Ram

5. Sunil Ram All Sons of Shankar Ram,

6. Shankar Ram Son of Late Bahoran Ram,

7. Manju Devi W/o Shankar Ram All R/o Village- Maghaul, P.S. - Khodawandpur, district- Begusarai.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Amresh Ram Son of Rambahadur Ram, R/o Village- Mangalgadh, P.S.- Hasanpur, District- Samastipur.

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

For the Petitioner/s :

Mr. Raghu Nath Singh For the Opposite Party/s :

Mr. SMT. RENUKA RATNAKAR ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-11-2017 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Khodabandpur P.S.Case N0. 119 of 2017, disclosing offences under Sections 304(B), 201 and 34 of the Indian Penal Code. Petitioner no. 1 is the husband of the deceased whereas petitioners no. 2 to 4 are brothers of petitioner no. 1. Petitioner no. 6 is the father of petitioner no. 1 and petitioner no. 7 is the mother of petitioner no. 1.

Learned counsel for the petitioners has submitted that though there is allegation of demand of dowry made in the First

Patna High Court Cr.Misc. No.46240 of 2017(2) dt.03-11-2017 2/3 Information Report there is no indication at all as to when such demand was made. He has also submitted that there is no allegation that soon before the death of the deceased, there was any demand for dowry. It has also been submitted that the informant himself subsequently realizing true state of affairs that the petitioners had been looking after the deceased well, has resiled from earlier statement made in the First Information Report.

Considering the above submission this application is allowed.

Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Manjhaul, District Begusarai in Khodabandpur Case No. 119 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to

Patna High Court Cr.Misc. No.46240 of 2017(2) dt.03-11-2017 3/3 appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) arun/- U