Narayan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50024 of 2019 Arising Out of PS. Case No.-862 Year-2014 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== 1.

NARAYAN RAM Son of Late Bijali Ram Resident of Village-Madhura, P.S.-Garahani, District-Bhojpur.

2.

Yogendra Ram Son of Narayan Ram Resident of Village-Madhura, P.S.- Garahani, District-Bhojpur.

3.

Pratap Ram Son of Narayan Ram Resident of Village-Madhura, P.S.- Garahani, District-Bhojpur.

4.

Kabindar Ram Son of Narayan Ram Resident of Village-Madhura, P.S.- Garahani, District-Bhojpur.

5.

Ajay Ram Son of Bhuwan Ram Resident of Village-Paiga, P.S.-Barahara, District-Bhojpur.

6.

Sushil Ram Son of Bhuwan Ram Resident of Village-Paiga, P.S.-Barahara, District-Bhojpur.

7.

Sonu Ram Son of Bhuwan Ram Resident of Village-Paiga, P.S.-Barahara, District-Bhojpur.

8.

Dhanji Ram Son of Bhuwan Ram Resident of Village-Paiga, P.S.-Barahara, District-Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-08-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Complaint Case No.862(C) of 2014 registered under Sections 420, 302, 201 and 120(B) of the Indian Penal Code. The accusation is that the petitioner nos.1 to 4 along

2/4 with the wife of the petitioner nos.2, 3 and 4 had come on 12.06.2013 in the marriage of the two sons of Bhuwan Ram, namely, Ajay and Sushil Ram. The petitioner no.1, namely, Narayan Ram, is the own brother of Gharbharni Devi, the sister-in-law of the complainant Ram Dayal Ram. On 18.06.2013, the petitioner nos.1 to 4 and the wife of the petitioner nos.2, 3 and 4 took Gharbharni Devi, the sister-in-law of the complainant, who is issueless, to village-Madhura. Thereafter, all the accused including the petitioners under conspiracy made plan to acquire the property of Gharbharni Devi. On 26.06.2013, the petitioner no.1 got executed the sale deed in respect of 1 acre 19 decimal land of Gharbharni Devi in his favour. On 04.07.

2013, when the complainant and his two sons went at village-Maduura to take Gharbharni Devi, then Gharbharni Devi asked them that the petitioners and others had got executed some papers from her and they are intending to kill her and requested them to take her to his village. When the complainant started to take his sister-in-law Gharbharni Devi, then the petitioners and others did not allow the complainant to take his sister-in-law Gharbharni Devi with him. Thereafter, the complainant and his two sons returned from there. Thereafter, on 07.07.

3/4 petitioners and others under conspiracy committed the murder of his sister-in-law Gharbharni Devi, on 06.07.2013 and had concealed her dead body. On getting such information, when the complainant along with his sons reached to villageMadhura, then on seeing them, the petitioners and others started to flee away and no trace of Gharbharni Devi was found. Learned counsel for the petitioners submits that the petitioner no.1 is the own brother of the deceased Gharbharni Devi, the sister-in-law of the complainant. In fact, the deceased Gharbharni Devi died of natural death and her dead body was cremated in presence of the complainant but with an ulterior motive, after one week, the complainant had filed Complaint Case No.1177(C) of 2013 against the petitioners and others, on which basis Agiwan (G) P.S. Case No.

123 of 2013 was instituted in which, on investigation, the final form was submitted but thereafter, the protest petition filed by the complainant was treated as Complaint Case No.862C of 2014 in which the petitioners and others have been summoned for the offence under Sections 302, 201 and 120B of the Indian Penal Code.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their

4/4 arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara, in connection with Complaint Case No.862(C) of 2014, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T