Karu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63523 of 2021 Arising Out of PS. Case No.-300 Year-2020 Thana- PARWALPUR District- Nalanda ====================================================== KARU RAM S/o- JAGESHWAR RAM Resident of Village- Katru Bigha, P.S.- Parwalpur, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nirmal Kumar Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 05-05-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner, who is in custody since 21.04.2021, seeks regular bail in connection with Sessions Trial No. 445 of 2021 arising out of Parwalpur P.S. Case No. 300 of 2020 dated 12.10.2020 registered for offences punishable under Sections 304(B) and 201/34 of the Indian Penal Code.

Prosecution story in brief is that accused persons including the petitioner committed murder of the sister of the informant for non-fulfillment of demand of dowry. Learned counsel appearing on behalf of the petitioner submits that he has moved before this Court for grant of

Patna High Court CR. MISC. No.63523 of 2021(2) dt.05-05-2022 2/3 anticipatory bail along with his wife namely Parwati Devi, who is the mother-in-law of the deceased. However, the petitioner, who is the father-in-law of the deceased was apprehended and as such the anticipatory bail application was withdrawn. He claims parity as allegation against both of them are similar in nature. Petitioner was separated from his son, who is the husband of the deceased long back and to that effect he has made a specific statement in paragraph no. 8 of the present bail application that petitioner is old and there is partition between his son Bhola Ram, who is the husband of the deceased much before the date of lodging of the FIR. Petitioner has clean antecedent and he is in custody since 21.04.2021. Learned A.P.P., for the State has opposed the prayer for grant of bail to the petitioner.

Considering the facts and circumstances of the case as well as the period of custody undergone by the petitioner, the Court below is directed to release the petitioner, above named, on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-IVth Hilsa, Nalanda in connection with Sessions Trial No. 445 of 2021 arising out of Parwalpur P.S. Case No. 300 of

Patna High Court CR. MISC. No.63523 of 2021(2) dt.05-05-2022 3/3 2020 dated 12.10.2020 subject to the following conditions: (i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) 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. (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.

(Purnendu Singh, J) Niraj/- U T