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Patna High CourtCR. MISC./64309/2022allowed

Shailendra Ram v. The State Of Bihar

2023-05-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 64309 of 2022 Arising Out of PS. Case No.-815 Year-2021 Thana- NAWADA District- Nawada ====================================================== SHAILENDRA RAM Son of Ram Swarup Ram R/v- Lootanbigha, P.S.- Nagar District- Nawada, Permanent R/v- Mahiyara, P.S.- Rajauli, DistrictNawada ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vibhuti Ranjan Sonvadra, Adv.

For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 304 (B)/34 of the Indian Penal Code.

Allegedly, petitioner along with other family members committed murder of the informant's daughter. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is father-in-law of the deceased. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. He

Patna High Court CR. MISC. No. 64309 of 2022(3) dt.19-05-2023 2/2 has been living separate from the deceased and her husband. He has no concern with daily affairs of the deceased and her husband. It is further submitted that the husband of the deceased is in judicial custody since 04.08.2021, which is also mentioned in para 22 of the bail application. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, as there is general and omnibus allegation against the petitioner and the husband of the deceased is already in judicial custody, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Nawada Town P.S. Case No. 815 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.