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Patna High CourtCR. MISC./58667/2023bail granted

Narayan Ram @ Narain Ram @ Srinarayan Rajwar v. The State Of Bihar

2023-09-04Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58667 of 2023 Arising Out of PS. Case No.-24 Year-2023 Thana- CHARPOKHARI District- Bhojpur ====================================================== 1.

NARAYAN RAM @ NARAIN RAM @ SRINARAYAN RAJWAR SON OF LATE JANKI RAM RESIDENT OF VILLAGE - MADHURI, POLICE STATIONI - CHARPOKHARI, DISTRICT - BHOJPUR 2.

RAJ KUMARI DEVI WIFE OF NARAYAN RAM @ NARAIN RAM @ SRINARAYAN RAJWAR RESIDENT OF VILLAGE - MADHURI, POLICE STATION - CHARPOKHARI, DISTRICT - BHOJPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar, Advocate For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-09-2023 Heard the parties.

The petitioners are in judicial custody in connection with Charpokhari P.S. Case No. 24 of 2023 for the offence punishable under Sections 304(B), 498(A) of the Indian Penal Code lodged on 7.2.2023 by the informant, Savita Devi. As per the prosecution story, the informant's daughter was married to one Munna Ram in the year 2017 but was tortured for dowry and on the fateful night, it was informed that she has been killed by the in-laws and dead body is going to be cremated. Accordingly, the FIR.

It is the case of the petitioners that they are father-inlaw and mother-in-law, aged persons, separate from the couple

Patna High Court CR. MISC. No.58667 of 2023(2) dt.04-09-2023 2/3 and further Munna Ram is in judicial custody. Learned APP opposes the prayer for bail.

Taking into account the fact that both the petitioners are aged mother-in-law and father-in-law, are in judicial custody since 30.4.2023 and 6.5.2023 respectively and do not have criminal antecedent, husband is in jail, this Court is inclined to extend them the privilege of bail with conditions. Let the petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, Bhojpur at Ara, in connection with Charpokhari P.S. Case No. 24 of 2023 subject to the following conditions: (i) one of the bailor should be the family member of the petitioners who shall provide official document to show his/her bona fide;

(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;

(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for

Patna High Court CR. MISC. No.58667 of 2023(2) dt.04-09-2023 3/3 cancellation of the bail bonds;

(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/- U T