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Patna High CourtCR. MISC./27376/2017bail granted

Sunil Ram And ORS v. The State Of Bihar

2017-10-17Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27376 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -SARAI District- VAISHALI(HAJIPUR) ======================================================

1. Sunil Ram, S/o Late Rameshwar Ram,

2. Sujeet Kumar Ram, S/o Sri Sunil Ram,

3. Sanjay Ram, S/o Sri Sunil Ram,

4. Renu Devi, W/o Sri Sunil Ram, All are Resident of village- Shital Bhakurhar, P.S.- Sarai, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bam Bahadur Jha For the Opposite Party/s : Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-10-2017 Heard both sides.

The petitioners apprehend their arrest in Sarai P.S. case No. 19 of 2017 under Section 302, 328, 34 of the Indian Penal Code.

The informant filed complaint case on 23.06.2016 for killing of his wife on 02.06.2016. The informant alleged that Sujeet Kumar Ram had illicit relation with his wife and Sujeet Ram and his family members deceitfully took money from the wife of informant. The accused persons poisoned his wife to death.

The learned counsel for the petitioners submits that informant is not an eye witness of the occurrence. The occurrence took place on 02.06.2016 but the complaint petition was filed on 23.02.2016 on the basis of which the FIR was lodged on

Patna High Court Cr.Misc. No.27376 of 2017 (3) dt.17-10-2017 2/2 05.02.2017. During the course of investigation nobody has come forward as an eye witness of the occurrence. The witnesses in paragraph 45 and onwards of the case diary stated that the deceased had illicit relation with Sujeet Ram and on account of which her parents slapped her and that is why the deceased committed suicide by consuming poison.

The learned Additional Public Prosecutor did not dispute the facts.

Considering the facts aforesaid and the nature of allegation made against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Vaishali at Hajipur in connection with Sarai P.S. case No. 19 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T