Uma Shankar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.48372 of 2022 Arising Out of PS. Case No.-19 Year-2022 Thana- DINARA District- Rohtas ====================================================== 1.
Uma Shankar Ram S/o Ras Bihari Ram Resident of Village- Kurusa, P.S.- Dinara (Bhanas), District- Rohtas at Sasaram 2.
Radhika Devi W/o Uma Shankar Ram Resident of Village- Kurusa, P.S.- Dinara (Bhanas), District- Rohtas at Sasaram ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Jai Prakash Singh, Advocate For the Opposite Party/s :
Mr. Akhileshwar Dayal, APP For the Informant :
Mr. Rajani Kant Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-12-2022 Learned counsel for the petitioners undertakes to remove all the defects as pointed out by the Stamp Reporter within two weeks from today.
Heard learned counsel for the petitioners, learned counsel for the informant and Mr. Akhileshwar Dayal, learned APP for the State.
The petitioners in this case are seeking regular bail in connection with Dinara (Bhanas) P.S. Case No. 19 of 2022 registered for the offences punishable under Sections 498(A), 307, 34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act. They have no criminal antecedent and are in custody since 15.02.2022.
Learned counsel for the petitioners submits that as
Patna High Court CR. MISC. No.48372 of 2022(2) dt.09-12-2022 2/3 per the prosecution story, due to non-fulfillment of demand of dowry, the in-laws of the daughter of the informant was torturing her. On 17.01.2022, the son-in-law of the informant along with his family members poured diesel on the daughter of the informant and set her on fire as a result of which she died. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Learned counsel submits that the petitioner no. 1 and petitioner no. 2 are father-in-law and mother-in-law of the deceased. It is further submitted that the investigation against them is complete and the husband is already in judicial custody. It is submitted that the petitioners are in custody in connection with this case since 15.02.2022 having no criminal antecedent. Mr. Akhileshwar Dayal, learned APP for the State is present and has opposed the prayer for regular bail of the petitioners.
Having regard to the facts and circumstances of the case, the petitioners being father-in-law and mother-in-law respectively are in custody since 15.02.2022, investigation against them is complete and the husband of the deceased is already in judicial custody, this Court directs that the petitioners above named be released on bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.48372 of 2022(2) dt.09-12-2022 3/3 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- IV-cum-Sub-Judge-IV, Bikramganj (Rohtas) in connection with Dinara (Bhanas) P.S. Case No. 19 of 2022, subject to the condition as laid down under Section 437 (3) Cr.P.C. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take steps for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
This application is allowed.
Certified copy of this order shall be made available only after removal of the defects.
(Rajeev Ranjan Prasad, J) SUSHMA2/- U T