Prabhu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72710 of 2018 Arising Out of PS. Case No.-190 Year-2017 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Prabhu Ram, Son of Late Ram Khelawan Ram, Resident of VillageChimraha, Police Station- Kusheshwar Asthan and District- Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Manish Kumar No-2 For the Opposite Party/s :

Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Sessions Trial No.518 of 2017 arising out of Kusheshwar Asthan P.S. Case No.190 of 2017 registered for the offence punishable under Sections 498A, 302 and 34 of the Indian Penal Code.

Informant is the father of the deceased who in his fardbeyan has stated that his daughter Sulekha Devi was married with son of the petitioner eight years earlier and on account of non-fulfillment of demand of dowry, she was being tortured and ultimately killed by family members. It has been submitted on behalf of the petitioner that petitioner is father-in-law of the deceased and he has falsely been implicated in this case. It has been further submitted that

Patna High Court Cr.Misc. No.72710 of 2018(2) dt.11-12-2018 2/3 the daughter of the informant died due to illness. It has further been submitted that from perusal of the first informantion report, it is clear that no specific allegation has been made against the petitioner and the allegations are general and omnibus in nature. Petitioner has no criminal antecedent and he is in custody since 16.10.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II, Benipur, Darbhanga in connection with Sessions Trial No.518 of 2017 arising out of Kusheshwar Asthan P.S. Case No.190 of 2017, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall

Patna High Court Cr.Misc. No.72710 of 2018(2) dt.11-12-2018 3/3 be cancelled by the court below.

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

(S. Kumar, J) Sanjay/- U T