Raja Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 80988 of 2019 Arising Out of PS. Case No.-211 Year-2015 Thana- AGAMKUAN District- Patna ====================================================== RAJA RAM Son of Shankar Ram @ Shankar Rabidas Resident of Kumhrar, P.S.- Agam Kuan, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Zainul Abedin, Advocate For the Opposite Party/s :

Mr Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 10-02-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Agam Kuan Police Station (for brevity, PS) Case No 211 of 2015 instituted for the offence punishable under Sections 304B/34 of Indian Penal Code. Earlier, the prayer for bail on behalf of the petitioner (husband) was rejected under order dated 04.05.2018 passed in Cr Misc No 18009 of 2018 (Annexure 1) and, thereafter, on 15.05.2019 vide order passed in Cr Misc No 72374 of 2018 (Annexure 1/1).

Out of seven charge sheeted witnesses, it is submitted that since the last more than one year, only four witnesses have been examined. Custody of the petitioner is now stated to be more than three years. There has been no considerable progress in the trial.

The learned APP has opposed the prayer for bail.

Patna High Court CR. MISC. No.80988 of 2019(4) dt.10-02-2021 2/2 Considering the rival submissions, prayer for bail is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge I, Patna City in Sessions Trial No 281 of 2018 arising out of Agamkuan PS Case No 211 of 2015 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T