Arbind Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56168 of 2022 Arising Out of PS. Case No.-138 Year-2020 Thana- MAHUA District- Vaishali ====================================================== ARBIND RAM S/o Raj Kumar Ram Resident of Village- Kushhar Khash, Police Station- Mahua, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Prabhat For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304B, 34 of the Indian Penal Code.

As per prosecution case, it is a case of dowry death due to non-fulfillment of dowry demand. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is husband of the deceased and he was not present at the time of occurrence and due to suspicion of his complicity he has falsely been implicated in this case. As per postmortem report, doctor opined that the cause of death

Patna High Court CR. MISC. No.56168 of 2022(6) dt.18-07-2023 2/2 is not clear and from perusal of FSL Report no Metalic, Alkaloidal, Glycosidal, Pesticidal and volatile poison could be detected. It is further submitted that the petitioner has got no criminal antecedent and he suo-motu surrendered on 29.03.2022 and since then he is languishing in judicial custody.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mahua P.S. Case No. 138 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur.

(Sunil Kumar Panwar, J) Manishkumar/- U T