Santosh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.899 of 2022 Arising Out of PS. Case No.-314 Year-2020 Thana- BUXAR District- Buxar ====================================================== Santosh Ram, S/o- Late Indrajit, Ram Village - Mathiya Muhala, P.S. - Buxar (T), Dist. - Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 18-10-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Buxar (T) P.S. Case No. 314 of 2020 registered for the alleged offences under Sections 302, 201 and 34 of the Indian Penal Code.

As per prosecution case, the dead body of the husband of the informant was recovered and the informant alleged that the petitioner and other co-accused persons strangulated her husband to death and in order to conceal the evidence buried the dead body.

The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.899 of 2022(3) dt.18-10-2022 2/3 petitioner is innocent and has been falsely implicated in this case. Except for suspicion, there is nothing against the petitioner. Even during investigation no one came forward to say that the petitioner was seen with the deceased at any point of time. Learned counsel further submits that the informant has raised the suspicion without any basis and the petitioner has been falsely arraigned in this case. Learned counsel also submits that if the petitioner had any type of grudge they would not have come to the house of the deceased to tell him to get bail in the case in which the petitioner and co-accused have already got their bail. The petitioner is in custody since 13.11.2020 and charge-sheet has been submitted.

Learned APP opposes the prayer for bail. However, he submits that the petitioner has been named only on suspicion. Having regard to the facts and circumstances and the submissions made hereinabove and considering distinct lack of material to connect the petitioner with the offence as alleged and his period of custody and the submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-IV, Buxar in connection with Buxar

Patna High Court CR. MISC. No.899 of 2022(3) dt.18-10-2022 3/3 (T) P.S. Case No. 314 of 2020, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Rajnish/- U T