Rajendra Ram And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38213 of 2016 Arising Out of PS.Case No. -27 Year- 2008 Thana -CHAKAI District- JAMUI ======================================================

1. Rajendra Ram, son of Late Babu Lal Ram.

2. Shobha Devi, wife of Rajendra Ram .... .... Petitioners

Versus

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

For the Petitioners : Mr. Anuj Kumar, Advocate For the Opposite Party : Mr. Sri Dilip Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-09-2016 Heard learned counsel for the petitioners and the learned counsel representing the State.

The petitioners seek bail in connection with Chakai P.S Case No. 27 of 2008 registered for the offence punishable under Section 304B/34 of the Indian Penal Code. Allegedly, Pinki, the daughter of the informant was married to Pramod Ram, the son of the petitioner in the year 2004 and due to non-fulfillment of demand of cycle and cash of Rs. 3,000/- she was being tortured, resulting, she died due to hanging. It is further alleged that the petitioners and husband after killing her, hanged through the rope.

Submission is of false implication and that in earlier paragraph of the F.I.R. it is clear that she committed suicide, but later on, the informant has alleged otherwise postmortem report does not support the prosecution version as cause of death has been found due to asphyxia and shock due to hanging and, as

Patna High Court Cr.Misc. No.38213 of 2016 (2) dt.30-09-2016 2/2 such, the petitioners, who are father-in-law and mother-in-law are suffering in custody since 04.02.2016 and 04.04.2016 respectively and as such, the petitioners deserve sympathetic consideration. The learned A.P.P. opposes the prayer of bail In the facts and circumstances stated above, considering that the chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence and, as such, the petitioners are directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of the learned Incharge Additional District and Sessions Judge 1st, Jamui, in connection with S. Tr. No. 94 of 2016 arising out of Chakai P.S. Case No. 27 of 2008 ( G.R.Case No.

467 of 2008, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T