Ram Ekbal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60931 of 2022 Arising Out of PS. Case No.-183 Year-2022 Thana- NAANPUR District- Sitamarhi ====================================================== Ram Ekbal Rai, Son of Late Jholi Rai Resident of Village- Naya Tola, Sareha, P.S.- Nanpur, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dwij Raj, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 30-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner seeks bail in connection with Nanpur P.S. Case No. 183 of 2022 registered under Sections 304B/34 of the Indian Penal Code.

The petitioner is father in law of the victim. Informant has alleged that his daughter was married with the petitioner's son in 2017, and has been done to death due to non-fulfillment of demand for dowry. There is an alleged two year old child born out of the wedlock.

Learned counsel for the petitioner submits that the case has been lodged on suspicion. The normalcy of matrimonial relationship is apparent from the fact that there was a child born out

Patna High Court CR. MISC. No.60931 of 2022(2) dt.30-01-2023 2/2 of the wedlock. The petitioner has been implicated by virtue of his relationship with the deceased, though there is no specific allegation against him. The postmortem was conducted of the victim. The same did not find any external injuries. The petitioner, having no antecedents, has remained in custody since 27.08.2022. Learned APP has opposed the prayer for bail.

Considering the rival submissions, the allegations as levelled in the FIR, as well as the petitioner's relationship with the deceased, this Court is inclined to allow the prayer for bail of the petitioner.

Prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Pupri, Sitamarhi in Nanpur P.S. Case No. 183 of 2022, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) Sumit/ShashankU T