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Patna High CourtCR. MISC./4996/2021bail granted

Sunil Ram @ Rajesh Ram v. The State Of Bihar

2021-03-26Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4996 of 2021 Arising Out of PS. Case No.-135 Year-2016 Thana- KUMAR KHAND District- Madhepura ====================================================== SUNIL RAM @ RAJESH RAM SON OF LATE CHHUTAHARU RAM VILLAGEGADHIYA, P.S.- KUMARKHAND, DISTRICTMADHEPURA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-03-2021 Heard both parties.

The petitioner seeks bail in Kumarkhand P.S. Case No. 135 of 2016 corresponding to Sessions Trial No. 224 of 2019, registered for the offence punishable under Sections 304B, 201 and 34 of the Indian Penal Code.

As per the prosecution case, daughter of the informant was married with co-accused Jai Kumar Ram about six years ago. After few months of marriage, this petitioner and other coaccused started demanding dowry and for which they used to assault his daughter. Ultimately, on 23.07.2016 all the accused persons including this petitioner committed murder of informant's daughter due to non-fulfillment of demand of dowry and disappeared her dead body.

It is submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.4996 of 2021(2) dt.26-03-2021 2/3 petitioner is brother-in-law (Dewar) of the deceased and he is living separately and has no concern with the family affairs of the deceased and her husband. It is further submitted that during trial of other accused persons, husband of the deceased and other accused persons have been acquitted from the charges and in support of the same annexed Judgement (Annexure-3). Petitioner is in custody since 24.09.2020 having no criminal antecedent.

Considering the facts and circumstances of the case and the fact that petitioner is brother-in-law of the deceased and there is general and omnibus allegation, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 4th, Madhepura in connection with Kumarkhand P.S. Case No. 135 of 2016 corresponding to Sessions Trial No. 224 of 2019, subject to following conditions:- (i) The petitioner shall co-operate 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be

Patna High Court CR. MISC. No.4996 of 2021(2) dt.26-03-2021 3/3 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) vinita/- U T