Pramod Ram @ Pramod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64738 of 2023 Arising Out of PS. Case No.-215 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== PRAMOD RAM @ PRAMOD KUMAR son of Jatahu Ram @ Chandradev Ram Village- Kanti Morsar W.No-1, Ps- Kanti Dist- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hari Kishore Thakur, APP For the Opposite Party/s :
Mr.Arvind Kumar Pandey(App-84) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Kanti P.S. Case No. 215 of 2022 registered on 03.04.2022 lodged under Sections 304(B) of the I.P.C.
3. As per the prosecution case, F.I.R. has been lodged against six named accused persons including the petitioner which is alleged to be the husband of the petitioner.
4. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 17.07.2023 having no antecedent. He submits that on the date of occurrence he was not present as he used to work at Punjab as a labour. He further submits that on the earlier occasion this Hon'ble Court has pleased to call the Case Diary
Patna High Court CR. MISC. No.64738 of 2023(3) dt.20-12-2023 2/3 vide order dated 12.10.2023 and in paragraph 7 and 23 of the Case Diary, the independent witnesses has categorically stated that petitioner was not residing in the village and the alleged occurrence is not the occurrence of killing rather it is the occurrence of suicide.
5. Counsel further submits that the petitioner is a law abiding citizens and he is ready to fulfill all the condition what so ever shall be imposed. He also submits that he is ready to appear on day to day basis so that trial shall not be delayed.
6. Learned counsel for the State opposes the prayer for bail and submits that it is the offence under Section 304B of the I.P.C. but admit that antecedent of the petitioner is clean.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Court No. 6 of J.M. 1st Class (West), Muzaffarpur in connection with Kanti P.S. Case No. 215 of 2022, subject to the following conditions as well as the conditions laid down under Section 437 (3) of the Cr.P.C. (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his
Patna High Court CR. MISC. No.64738 of 2023(3) dt.20-12-2023 3/3 bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
8. With this observation, the bail application stands allowed.
(Dr. Anshuman, J) sunnykr/- U