Sahindra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60584 of 2024 Arising Out of PS. Case No.-33 Year-2024 Thana- MINAPUR District- Muzaffarpur ====================================================== 1.

Sahindra Ram Son Of Late Chalitar Ram, Resident of village- Lautan Noutan P.S.- Minapur District -Muzaffarpur 2.

Ram Dulari, Devi Wife of Sahindra Ram Resident of village- Lautan Noutan P.S.- Minapur District -Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shanti Bhushan Singh, Advocate For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-12-2024 Heard learned Counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in connection with Minapur P.S. Case No. 33 of 2024 registered on 17.01.2024 for the offenses punishable under Sections 304B/ 201/34 of the Indian Penal Code.

3. As per the prosecution, the F.I.R. has been lodged against four named accused persons including the petitioners with an allegation of killing the daughter of the informant for non-fulfillment of dowry demand.

4. It is submitted by learned counsel for the petitioners that there is no direct allegation against the petitioners rather it is omnibus and general. The antecedent of the petitioners is clean. The petitioners claim to reside separately from the husband of the victim and the husband of

Patna High Court CR. MISC. No.60584 of 2024(4) dt.05-12-2024 2/2 the victim has been acquitted but the investigation is still pending against the present petitioners and they were not declared absconder.

5. Learned APP for the State vehemently opposes the prayer for bail and submits that without being declared absconder, the trial cannot be bifurcated.

6. In this background, this Court is not inclined to grant bail to the petitioners. Accordingly, the prayer for bail of the petitioners in connection with Minapur P.S. Case No. 33 of 2024, pending before the learned Judicial Magistrate, 1st Class, Muzaffarpur is hereby rejected.

7. However, it is directed to the petitioners to surrender before the Trial Court within a period of four weeks from today. In case, the petitioners, surrender within four weeks, then the Trial Court is directed to pass order on their surrendercum-bail application on the same day, on merit of the case, particularly when it has been found that the petitioners were not declared absconder. The present order shall not cause any prejudice to the petitioners.

(Dr. Anshuman, J) Ashwini/- U T