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Patna High CourtCR. MISC./30512/2016bail granted

Ram Kumar v. The State Of Bihar

2016-09-15Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30512 of 2016 Arising Out of PS.Case No. -25 Year- 2015 Thana -KHUDWAN District- AURANGABAD ====================================================== Ram Kumar Son of Ramdeyal Mehta R/o Village- Bhadua, P.S. Khudwan, District Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha, Adv. For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-09-2016 Heard both sides.

The petitioner apprehends his arrest in Khudwan P.S. Case No. 25/2015, registered for the offences punishable under Sections 304B and 34 of the Indian Penal Code. The brother of the deceased alleged that his sister was married to Awadh Kishore Mehta fourteen years ago, but immediately thereafter Awadh Kishore Mehta and his family members started subjecting his sister to physical and mental torture for Rs. 1,00,000/- and one motorcycle. On 01.05.2015. Shyam Kishore Mehta informed that his sister was brutally assaulted by her in-laws. The informant went there, but none of the family members was present.

Learned counsel for the petitioner submits that petitioner

Patna High Court Cr.Misc. No.30512 of 2016 (3) dt.15-09-2016 2/2 is brother-in-law of the deceased. The deceased was married with Awadh Kishore Mehta fourteen years ago and during the lifetime of the deceased neither the deceased nor her family members made any complaint about the ill-treatment against the husband or any in-laws. Similarly situated father-in-law, mother-in-law and sisterin-law have already been enlarged on anticipatory bail vide order passed in Cr. Misc. 48504/2015. The case of the petitioner stands on the same footing.

Petitioner is brother-in-law of the deceased and no specific allegation is made against him Considering the facts aforesaid, the petitioner, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Khudwan P.S. Case No. 25/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J.) Vinita/- U T