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Patna High CourtCR. MISC./62711/2018bail granted

Subhash Chandra Ram @ Subhash Ram And ANR v. The State Of Bihar

2018-10-11Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62711 of 2018 Arising Out of PS. Case No.-100 Year-2018 Thana- RAJPUR District- Buxar ======================================================

1. Subhash Chandra Ram @ Subhash Ram, Son of Late Mahangu Ram,

2. Balmuni Devi, Wife of Sri Subhash Chandra Ram alias Subhash Ram, Both resident of Sarenja, P.S.- Rajpur, Distt- Buxar. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Mohan Singh For the Opposite Party/s :

Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-10-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners, who are in custody, seek bail in connection with Rajpur P.S. Case No. 100 of 2018 registered for the offence punishable under Sections 302, 201 and 34 of the Indian Penal Code.

Informant has alleged in his self statement that on 16.05.2018 at about 5.30 AM dead body of a girl aged about 16 years was floating in the pond, the same was taken out and sent for post mortem examination. It is further alleged that some villager told that deceased is resident of village Sarenja, whose family members have killed her and thrown the dead body in the pond.

Patna High Court Cr.Misc. No.62711 of 2018(2) dt.11-10-2018 2/3 It has been submitted on behalf of the petitioners that petitioners are innocent and on suspicion and village rivalry they are implicated in this case. Petitioners are parents of the deceased and there is no reason to kill their daughter. It has been further submitted that after examination of dead body, no external injury was found on her body and the cause of death has been attributed to Asphyxia due to drowning. Charge sheet has been submitted.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VIIth, Buxar, in connection with Rajpur P.S. Case No. 100 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel their bail bond.

Patna High Court Cr.Misc. No.62711 of 2018(2) dt.11-10-2018 3/3

(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) veena/- U T