Alok Raju Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63519 of 2018 Arising Out of PS. Case No.-305 Year-2017 Thana- PUPRI District- Sitamarhi ====================================================== Alok Raju Ram, Son of Sikandar Ram, Resident of Village- Fulwariya, Police Station- Pupri, District- Sitamarhi.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/ :

Smt. Renuka Ratnakar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Section 304(B)34 of the IPC. The prosecution story, in brief, is that the daughter of the informant, namely, Rinku Devi was married with Alok Raju Ram on 12.05.2017 and came to her Sasural where her in-laws including her husband started to demand one Motorcycle in dowry and on refusal they started to torture and cruelty and threatened to kill her. On 13.09.2017, the informant received information at 6.00 P.M. through his mobile that his daughter is serious on which informant alongwith his son Abdesh Ram came to her Sasural at 7.00 P.M. saw his daughter lying unconscious and on enquiry the informant learnt that due to

Patna High Court Cr.Misc. No.63519 of 2018(3) dt.27-11-2018 2/3 non-fulfilment of Motorcycle in dowry her in-laws administered poison medicine to her. During her treatment his daughter died. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. From perusal of paragraph nos. 10 and 11 of the case diary, it is evident that the deceased had committed suicide. No offence under Section 304(B) of the IPC is made out in the present case. The present case has been instituted against the petitioner and his family members for oblique reason.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Incharge S.D.J.M (Pupri), Sitamarhi, in connection with Pupri P.S. Case No. 305 of 2017, subject to the conditions as laid down under

Patna High Court Cr.Misc. No.63519 of 2018(3) dt.27-11-2018 3/3 Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T