Jay Ram Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55286 of 2023 Arising Out of PS. Case No.-300 Year-2022 Thana- ARWAL District- Jehanabad ====================================================== JAY RAM SAO S/O NARAYAN SAO R/O VILLAGE- JINPURA, PS. ARWAL, DIST. ARWAL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail, who is in custody since 28.08.2022 in connection with Arwal P.S. Case No. 300 of 2022, F.I.R. dated 03.07.2022 for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code but the police after investigation submitted charge-sheet under Section 306, 201 and 34 of the Indian Penal Code.

3. According to prosecution case, the informant alleges that the in-laws of his daughter were demanding dowry and due to non-fulfillment of demand of dowry she was killed.

4. 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

Patna High Court CR. MISC. No.55286 of 2023(3) dt.25-09-2023 2/3 allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR, and it has been stated that petitioner has not committed anything wrong with the deceased and he has been implicated only on the ground that he is the husband of the deceased. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in judicial custody since 28.08.2022.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances that charges submitted under Section 306 of the Indian Penal Code and the petitioner is in custody since 28.02.2022, 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 CJM Arwal, in connection with Arwal P.S. Case No. 300 of 2022, subject to the following conditions:-

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

Patna High Court CR. MISC. No.55286 of 2023(3) dt.25-09-2023 3/3 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) Adnan/- U T