Rambodh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7710 of 2021 Arising Out of PS. Case No.-145 Year-2020 Thana- CHIRAIYA District- East Champaran ====================================================== Rambodh Kumar Son Of Ramayan Sah R/O Village- Meerpur, P.S.- Chiraiya, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brajesh Kumar Singh For the Opposite Party/s :
Mr. Sanjay Kumar Tiwari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-09-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner seeks bail in connection with Chiraiya P.S. Case No. 145 of 2020 registered for the offence punishable under Sections 304 (B), 201/34 of the Indian Penal Code. Allegation, as per the F.I.R., against the petitioner is that petitioner along with husband and other family members had killed daughter of the informant Ram Rup Sah due to non fulfillment of dowry demand. It is alleged that after marriage the
Patna High Court CR. MISC. No.7710 of 2021(4) dt.13-09-2021 2/3 accused persons always demanded motorcycle and tortured her due to non fulfillment of the same.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. He submits that petitioner is not named in the F.I.R. He submits that there is no specific allegation of assault against the petitioner and petitioner is brother-in-law (devar) of the victim. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent as has been mentioned in para 3 of this bail application and he is languishing in custody since 28.08.2020. Learned counsel for the petitioner further submits that he has filed the supplementary affidavit on 10.09.2021 in which it is stated that husband of the deceased is languishing in custody since 16.09.2020.
Office is directed to bring the said supplementary affidavit on record.
Learned APP for the State opposed the bail petition. Considering the facts aforesaid and the fact that husband of the deceased is already in jail custody, the above named petitioner is directed to be enlarged on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below
Patna High Court CR. MISC. No.7710 of 2021(4) dt.13-09-2021 3/3 where the case is pending/successor Court in connection with Chiraiya P.S. Case No. 145 of 2020.
(Anjani Kumar Sharan, J) GAURAV S./- U T