Shanker Ram And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36740 of 2017 Arising Out of PS.Case No. -211 Year- 2015 Thana -AGAMKUAN District- PATNA ======================================================
1. Shanker Ram, son of Ram Chandra Ram
2. Omkar Kumar @ Omkar @ Bhola Kumar @ Bhola, son of Shankar Ram Both residents of village Kumharar, P.S. Agamkuan, District Patna .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar Singh For the Opposite Party/s : Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-10-2017 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners seek bail in connection with Agamkuan P.S. Case No. 211 of 2015 for offences punishable under Sections 304-B/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that his daughter was married to one Raja Ram in the year 2014 and due to non-fulfillment of demand of dowry, the petitioners along with husband and other family members have killed the informant's daughter.
It has been submitted by the learned counsel for the petitioners that they are innocent and petitioner no. 1 being the father-in-law and petitioner no. 2 being the Dewar of the deceased
Patna High Court Cr.Misc. No.36740 of 2017 (5) dt.13-10-2017 2/3 have been falsely implicated in the aforesaid case. He submits that general and omnibus allegation has been levelled against them and the husband is already in custody. He further submits that chargesheet has already been submitted, there is no allegation of tampering of the prosecution witnesses by the petitioner and they are languishing in judicial custody since 07.04.2017. However, learned APP for the State opposes the prayer for bail stating therein that the informant's daughter has been killed by the petitioners and all the other family members including the husband.
Considering the facts and circumstances and the materials on record, let petitioners, above named, be enlarged on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Patna City, in connection with Agamkuan P.S. Case No. 211 of 2015, subject to the following conditions :
(i) One of the bailors would be a close relative of the petitioners having sufficient immovable property, who will file an affidavit stating his relationship with the petitioners.
(ii) Petitioners will appear before the learned court below
Patna High Court Cr.Misc. No.36740 of 2017 (5) dt.13-10-2017 3/3 during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of their bail bonds. (Nilu Agrawal, J) Rajesh/- U T