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Patna High CourtCR. MISC./60438/2023allowed

Ramesh Baitha v. The State Of Bihar

2023-09-12Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60438 of 2023 Arising Out of PS. Case No.-27 Year-2023 Thana- RAJEPUR District- East Champaran ====================================================== RAMESH BAITHA S/o- GANPAT BAITHA Village- Ujhilpur Ps- Rajepur Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

As per allegation in the FIR, petitioner along with his family members has tortured in various ways to the daughter of the informant due to non-fulfillment of additional dowry demand and ultimately she was being killed by hanging. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is father-in-law of the deceased and has been falsely implicated in this case. He has never demanded any thing from the deceased. Prior to the alleged incident, there is no complain in respect of torture or harassment by

Patna High Court CR. MISC. No.60438 of 2023(2) dt.12-09-2023 2/3 any one at her matrimonial home. Petitioner is living separately and he has no concern with mess and business of the deceased and her husband. The sole responsibility to take care of wife is upon husband and not against his family members. Husband in already in custody. Similarly situated other accused person, who is mother-in-law of the deceased, has already been enlarged on bail vide order dated 17.8.2023 passed in Cr. Misc. No. 42720 of 2023. Petitioner is languishing in judicial custody since 22.5.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned SDJM, Sadar, Motihari, East Champaran in connection with Rajepur P.S. Case No. 27 of 2023.

(Sunil Kumar Panwar, J) sushma/- U

Patna High Court CR. MISC. No.60438 of 2023(2) dt.12-09-2023 3/3