Nandan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45313 of 2019 Arising Out of P.S. Case No.-66 Year-2018 Thana- AZIMABAD District- Bhojpur ====================================================== Nandan Ram, aged about 25 years, Male, Son of Late Prayag Ram Resident of Village - Chilhar, P.S.- Azimabad, District- Bhojpur ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Manoj Kumar, Advocate For the Opposite Party :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor and perused the case diary. The petitioner is in custody in connection with Azimabad P.S.Case No.66 of 2018 registered for an offence under Sections 304(b)/34 of the Indian Penal Code. It is alleged in the FIR that younger daughter of the informant, namely, Neha Devi married with this petitioner in the year 2015. It is further alleged that after one year of marriage, his son in law and his family members of the petitioner had demanded gold and other articles and due to non-fulfilment of demand of dowry, all the accused persons including the petitioner poured kerosene oil on her body and burnt her to death.

It is submitted on behalf of the petitioner that there is general and omnibus allegation against the petitioner. He further submits that there is no eye witness to the alleged occurrence. It is further submitted that after investigation, police submitted

Patna High Court CR. MISC. No.45313 of 2019(3) dt.20-09-2019 2/2 chargesheet only under Section 306 of the IPC. It is further submitted that no independent witnesses have supported the alleged occurrence. He further submits that chargesheet has already been submitted and petitioner is in custody since 09.02.2019, having clean antecedent.

In view of the aforesaid facts, let the above named petitioner 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 learned Additional Chief Judicial Magistrate-8th, Bhojpur at Ara in connection with Azimabad P.S.Case No.66 of 2018 with following condition:- (i) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below. (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) B.Kr./- U T