Naresh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61286 of 2021 Arising Out of PS. Case No.-16 Year-2021 Thana- MANIYARI District- Muzaffarpur ====================================================== Naresh Ram Son of Late Jaga Ram Resident of Village - Purushottampur, P.S. - Maniyari, District - Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satyendra Narayan Singh For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 498(A), 307/34, 304(B) of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

According to prosecution case, the informant gave a written statement on 14.01.2021 before Maniyari police and stating therein that the informant married his daughter Mamta Kumar with Vijendra Kumar on 09.04.2018 at his village. In the marriage the informant gave gift his son in law but after marriage the petitioner and his family members demanded

Patna High Court CR. MISC. No.61286 of 2021(3) dt.13-04-2022 2/3 dowry in cash rupees one lakh but informant was not capable to give their demand thereafter, the accused were tortured the victim for dowry and due to non-fulfilled the demand, all named persons sprinkle Kerosene oil on the victim. All the F.I.R. named accused persons were burn the victim lady (Mamta Kumari) due to dowry and during treatment she died. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the petitioner is father-in-law of the victim lady and petitioner is aged about 71 years old. He further submits that it appears from the F.I.R. that there is general and omnibus allegation against all the accused persons. The petitioner is in custody since 16.01.2021.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 the learned Court below where the case is pending in connection with Maniyari P.S. Case No. 16 of 2021, subject to the following conditions:-

Patna High Court CR. MISC. No.61286 of 2021(3) dt.13-04-2022 3/3

1. 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T