Sita Ram Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52064 of 2016 Arising Out of PS.Case No. -213 Year- 2016 Thana -SONEPUR District- SARAN ======================================================
1. Sita Ram Rai Son of Late Charitar Rai Resident of Village- Sabalpur Chaharam, Police Station- Sonepur, District- Saran (Chapra). .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-04-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.
The petitioner seeks bail in connection with Sonepur P.S. Case No. 213 of 2016 registered for the offences punishable under Sections 304-B and 201 of the Indian Penal Code and Section 3⁄4 of D.P. Act.
Allegedly, Sunita Devi, the daughter of the informant was married to Shailenra Ray, the son of the petitioner in the year 2006 and thereafter her in-laws started demanding cash of Rs. One lac by way of dowry. Husband and other in-laws including the petitioner used to torture and assault her and for that Sonepur P.S. Case No. 222 of 2010 was registered and in that case accused persons gave an undertaking to keep her properly but they burnt
her to death and made her body traceless.
Submission is of false implication and that the petitioner is father-in-law, aged about 65 years, an old man, having no concern with the family affairs of the deceased and her husband. The petitioner is living separately. The marriage was performed in the year 2006 and after ten years the case has been lodged and, as such, no offence under Section 304-B IPC is made out. Chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence. The petitioner is in custody since 11.06.2016 and, as such, he deserves sympathetic consideration.
The learned A.P.P. fairly submits that the petitioner is old father-in-law.
In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Saran in connection with Sonepur P.S. Case No. 213 of 2016 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the
default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) sushma/- U T