Chandeshwar Ram @ Badari Ram And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41213 of 2015 Arising Out of PS.Case No. -59 Year- 2014 Thana -DIGHWARA District- SARAN ======================================================

1. Chandeshwar Ram @ Badari Ram, son of Monaka Ram.

2. Manoj Ram, son of Chandeshwar Ram @ Badari Ram. Both are residents of Village- Parmanand Chapra, P.S.- Amnour, DistrictSaran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Dr. Rajesh Kumar Singh For the Opposite Party/s : Mr. Smt.Sangeeta Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 07-10-2015 Heard learned counsels for the petitioners and the State.

The petitioner no. 2 being the husband of the victim and petitioner no. 1 being the father of petitioner no. 2 are apprehending their arrest in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code. The accusation is of killing the daughter of the informant within one year of the marriage for non-fulfillment of the dowry demand.

It is submitted by learned counsel for the petitioners that the victim died at informant's house as she was suffering from illness. Subsequently, the informant has retracted from the initial version and has not supported the prosecution

Patna High Court Cr.Misc. No.41213 of 2015 (2) dt.07-10-2015 2/2 case in the trial of the mother of the husband of the victim as a result she has been acquitted vide judgment dated 15.01.2015 passed by learned 5th Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 547 of 2014.

Considering the evidence of the informant in the trial of co-accused to the effect that the victim died at the informant's house due to illness, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Dighwara P.S. Case No. 59 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The learned court below will be at liberty to cancel the bail bonds of the petitioners, if they default for two consecutive occasions.

(Dinesh Kumar Singh, J) DKS/- U T