Binod Ram @ Vinod Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65976 of 2021 Arising Out of PS. Case No.-405 Year-2018 Thana- DUMRA District- Sitamarhi ====================================================== BINOD RAM @ VINOD RAM Son of Ramchandra Ram Resident of Village - Dhobauli, P.S.-Dumra, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Advocate Smt. Divya Bharti, Advocate For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-04-2022 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code.

Informant is the mother of deceased, who in her fardbeyan has alleged that her daughter was married to one Bhagwan Lal Mukhiya in the year 2007. It is further alleged that on 08.10.2018 all FIR named accused including petitioner committed murder of her daughter, alleging that she is a witch. It has been submitted on behalf of the petitioner that he in innocent and has been falsely implicated in this case. It has been further submitted that petitioner is not a family

Patna High Court CR. MISC. No.65976 of 2021(2) dt.11-04-2022 2/3 member of the deceased. There is no specific allegation against petitioner rather there is specific allegation of killing the daughter of informant against Bir Mukhiya, Sunil Mukhiya, Anil Mukhiya and Indrashan Devi. There is no eye witness of the occurrence. It has been further submitted that similarly placed co-accused, namely, Harjeet Paswan has been granted bail by a co-ordinate Bench of this Court as contained in Annexure-2. It has been further submitted that other co-accused persons against whom there is specific allegation of killing the deceased have also been granted bail by a co-ordinate Bench of this Court as contained in Annexure 3 & 3/1.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Dumra P.S. Case No. 405 of 2018, subject to conditions that:-

(1) Both the bailors shall be the resident of territorial jurisdiction of the learned court-below.

(2) The petitioners shall fully cooperate with the investigation / trial of the

Patna High Court CR. MISC. No.65976 of 2021(2) dt.11-04-2022 3/3 case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (S. Kumar, J) Rajiv/veenaU