Jawahir Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69104 of 2021 Arising Out of PS. Case No.-155 Year-2020 Thana- BHORE District- Gopalganj ====================================================== 1.

JAWAHIR RAM Son of Bhadai Ram Resident of Village - Bala Sukul Tola, P.S.- Bhore, Distt.- Gopalganj.

2.

CHANDRIKA RAM Son of Jawahir Ram Resident of Village - Bala Sukul Tola, P.S.- Bhore, Distt.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-06-2022 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek regular bail in connection with Bhore P.S. Case No. 155 of 2020 for the offence registered under Sections 304(B)/34 of the Indian Penal Code. The case of the prosecution in brief is that the daughter of the informant was tortured by the accused persons including the petitioners herein on account of non-fulfillment of the demand for dowry and finally she was poisoned to death. The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case, are having a clean antecedent and they are

Patna High Court CR. MISC. No.69104 of 2021(2) dt.08-06-2022 2/3 languishing in custody since 01.09.2021. The learned counsel for the petitioners has submitted that the petitioner no. 1 is the father-in-law and the petitioner no. 2 is the brother-in-law of the deceased victim lady and the fact is that the daughter of the informant was under depression since she had not given birth to a child, hence she committed suicide by taking poison, which is also apparent from the impugned order dated 13.09.2021 inasmuch as the postmortem report depicts that death of the deceased has occurred on account of consuming poison. It is also submitted that similarly situated co-accused person has already been granted bail by a coordinate Bench of this Court vide order dated 08.03.2021 passed in Criminal Misc. No. 38255 of 2020.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the parity of the case of the petitioners with that of the co-accused person who has already been granted bail by a coordinate bench of this Court, I deem it fit and proper to direct for release of the petitioners herein on regular bail.

Patna High Court CR. MISC. No.69104 of 2021(2) dt.08-06-2022 3/3 Accordingly, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Gopalganj in connection with Bhore P.S. Case No. 155 of 2020. (Mohit Kumar Shah, J) S.Sb/- U T