Ram Sewak Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63894 of 2019 Arising Out of PS. Case No.-262 Year-2018 Thana- BABUBARHI District- Madhubani ====================================================== 1.

Ram Sewak Raut, aged about 51 years, Male, Son of Late Jagai Raut, Resident of Village - Balanser, P.S. - Babubarhi, District - Madhubani. 2.

Jaimala Devi, aged about 48 years, Female, Wife of Ram Sewak Raut, Resident of Village - Balanser, P.S. - Babubarhi, District - Madhubani. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Ratanakar Jha, Advocate.

For the Opposite Party :

Mrs.Pushpa Sinha,A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in a case for the offence registered under Sections 304(B)/34 of the IPC. The prosecution story, in brief, is that the accused persons including the petitioners killed the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioners that the petitioners are languishing in custody since 26.06.2019. Charge sheet has been submitted in the present case. The petitioners have got no criminal antecedent. The petitioners have falsely been implicated in the present case.

Patna High Court CR. MISC. No.63894 of 2019(2) dt.17-10-2019 2/2 There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners are the father-in-law and the mother-in-law of the deceased. They are separate in mess and property from the husband of the deceased. They have got no concern with the alleged occurrence. A petition has been filed on behalf of the informant in the court of learned Additional Chief Judicial Magistrate-III, Madhubani, where he has retracted from his earlier statement made in the F.I.R., vide Annexure-2 to the present application. As per the petition filed by the informant in the learned court below the deceased is said to have died due to illness.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-III, Madhubani, in connection with Babubarhi P.S. Case No. 262 of 2018 (CRI No. 2530 of 2018).

(Sudhir Singh, J) U.K./- U T