Triveni Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55486 of 2023 Arising Out of PS. Case No.-120 Year-2021 Thana- SAHODARA District- West Champaran ====================================================== Triveni Ram Son Of Dindeyal Ram Resident Of Village - Prem Nagar Jamuniya Bazar, P.S. - Sahodara, District - West Champaran ... ... Petitioner/S

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 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 302, 34, of the Indian Penal Code later on 396 of the IPC was also added.

As per prosecution case, the marriage of the informant's son was solemnized with co-accused Rekha Devi. After marriage the informant's son and his wife Rekha Devi were earning their livelihood by running a cloth shop. Thereafter, Rekha Devi disappeared with another persons for which FIR was registered. It is further alleged that on 16.12.2021, the petitioner and co-accused persons in

Patna High Court CR. MISC. No.55486 of 2023(2) dt.30-08-2023 2/3 connivance with one another came to the shop of the informant's son and committed murder by slitting his throat and also looted Rs. 15 lakhs.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is brother-in-law of the deceased and due to enmity he has falsely been implicated in this case. The informant is not an eye witness of the alleged occurrence and no specific allegation levelled against the petitioner. It is further submitted that except suspicion no consistent material has come out against the petitioner. Similarly situated co-accused has already been granted bail by a coordinate Bench of this court vide order dated 29.09.2022 passed in Cr. Misc. No. 37451 of 2022. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 03.01.2023.

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

Patna High Court CR. MISC. No.55486 of 2023(2) dt.30-08-2023 3/3 the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sahodara P.S. Case No. 120 of 2021 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, Bettiah, West Champaran.

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