Shailendra Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56065 of 2024 Arising Out of PS. Case No.-78 Year-2024 Thana- UCHKAGAON District- Gopalganj ====================================================== 1.
SHAILENDRA RAM SON OF KHUSHI RAM RESIDENT OF VILLAGE - BANBIKHAL, P.S. - UCHAKAGAON, DISTRICT - GOPALGANJ 2.
AARTI DEVI WIFE OF SHAILENDRA RAM RESIDENT OF VILLAGE - BANBIKHAL, P.S. - UCHAKAGAON, DISTRICT - GOPALGANJ ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vyas Kumar Mishra, Adv.
For the Opposite Party/s :
Mr. Dr. Ajeet Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.
3. All the F.I.R. named accused persons including the petitioners, on non-fulfillment of demand of dowry, in furtherance of the common intention are said to have committed murder of the daughter of the informant after assaulting and pressing her neck.
4. It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and have committed no
Patna High Court CR. MISC. No.56065 of 2024(4) dt.13-12-2024 2/3 offence. No such occurrence as alleged has ever taken place. They have falsely been implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. They have never made demand of dowry from the deceased. Petitioner no.1 is brother of father-in-law of the deceased, whereas petitioner no.2 is wife of petitioner no.1. There is no specific overt act against them. The real fact is that the petitioners have been living separately from the family of his brother since long. They have no role in the alleged occurrence. It is further submitted that the similarly situated co-accused, namely, Lalbabu Ram, father-in-law of the deceased, has been enlarged on bail by this Court vide order dated 21.11.2024 passed in Cr. Misc. No. 64272 of 2024. Learned counsel further submits that petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail.
6. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two
Patna High Court CR. MISC. No.56065 of 2024(4) dt.13-12-2024 3/3 sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Uchakagaon P.S. Case No.78 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T