Shiv Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63345 of 2019 Arising Out of PS. Case No.-164 Year-2019 Thana- DESARI District- Vaishali ====================================================== 1.

Shiv Kumar Ram, S/o Umesh Ram, R/o village- Taiyabpur, P.S.- Desari, District- Vaishali 2.

Umesh Ram, S/o Late Janak Dev Ram, R/o village- Taiyabpur, P.S.- Desari, District- Vaishali ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar, Advocate For the Opposite Party/s :

Mr.Surendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 05-03-2020 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners in the present case are seeking anticipatory bail in connection with Desari P.S. Case No. 164 of 2019 registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that these petitioners are the co-villagers and no active role has been attributed to them in the matter of death of the daughter of the informant and in course of investigation nothing has revealed against them.

Learned A.P.P. for the State has after going through

Patna High Court CR. MISC. No.63345 of 2019(3) dt.05-03-2020 2/3 the case diary submits that so far as these two petitioners are concerned, no substantial inputs are there in the case diary against them.

Considering the facts and circumstances of this case, where these petitioners are co-villagers, there is no specific allegation of their participation in the death of the daughter of the informant and in course of investigation no specific material has come to support the allegations against them, at this stage, let the petitioners above named in the event of their arrest or surrender within a period of four weeks from today be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur in connection with Desari P.S. Case No. 164 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e. (i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police

Patna High Court CR. MISC. No.63345 of 2019(3) dt.05-03-2020 3/3 officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) vats/- U T