Dinesh Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65554 of 2021 Arising Out of PS. Case No.-263 Year-2012 Thana- GORAUL District- Vaishali ====================================================== Dinesh Ram S/o Ram Briksha Ram R/o village- Aadampur, P.S.- Goroul, District- Vaishali ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar, Advocate For the Opposite Party/s :
Mr.J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-05-2022 Heard counsel for the parties.
Let the defect(s), if any, as pointed out by the office be removed within a period of four weeks.
The petitioner is in judicial custody in connection with Goroul P.S. Case No. 263 of 2012 registered under sections 498(A), 323, 324, 307, 406 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act. As per the allegation by the informant, the petitioner was married to informant in 2009 but from day one, she was subjected to torture and it is alleged that on 16.6.2012, all the accused persons took her belongings and ousted her from her matrimonial house.
Learned counsel for the petitioner on the point of delay in coming to this Court for grant of bail submits that an
Patna High Court CR. MISC. No.65554 of 2021(2) dt.09-05-2022 2/3 anticipatory bail application vide Cr. Misc. No. 877 of 2014 was preferred in which stay was granted to him. Although, the same was dismissed for non-compliance of the peremptory order dated 12.9.2014; he remained unaware of the said development. The moment he came to know about it, he surrendered before the Court on 18.8.2021.
The learned counsel for the petitioner has drawn attention to this Court to the Annexure-2, the deposition made by the lady, Deepa Devi in G.R. Case No. 1398 of 2012 on 7th September, 2014 in which she deposed that on 15.1.2013, she married one Rahul Ram at Patna and was living as husband and wife and they have also developed physical relationship on account of the said marriage. She further stated that she has not been abducted by any one and she is making deposition pursuant to lodging of the Sadar Hajipur P.S. Case No. 104 of 2013 under sections 364 and 366 of the Indian Penal Code lodged by the petitioner herein.
Taking into account the aforesaid facts as also that the charge-sheet has been submitted and he is in jail since 18.8.2021; this Court is inclined to grant him the privilege of bail.
Let the petitioner be released on bail on furnishing
Patna High Court CR. MISC. No.65554 of 2021(2) dt.09-05-2022 3/3 bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Goroul P.S. Case No. 263 of 2012 subject to the following condition:- The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself.
With the aforesaid observation, the bail application is allowed.
(Rajiv Roy, J) Ravi/- U T