Dinesh Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74219 of 2022 Arising Out of PS. Case No.-120 Year-2022 Thana- PALANWA District- East Champaran ====================================================== DINESH RAM S/o Chandradeo Ram R/o Village- Bhaluwahiya, P.S.- Palanwa, Distt- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Kumar Bharti For the Opposite Party/s :
Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-04-2023 Heard the learned counsel for the petitioner and learned APP for the State.
This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 302 and 34 of the Indian Penal Code registered in connection with Palanwa P.S.Case No. 120 of 2022.
The learned counsel for the petitioner has submitted that prior to six months of the present case, on the basis of an information of the informant, a U.D. Case was registered in which he has stated that the marriage of his sister Puja Devi was solemnized with the petitioner. Out of the wedlock of the petitioner and the informant's sister, a daughter was born four months prior to lodging of the U.D. case through cesarean
Patna High Court CR. MISC. No.74219 of 2022(3) dt.13-04-2023 2/3 operation. His sister was suffering from ailment, due to which she died on 09.01.2022.
After six months, the informant retracted from his earlier version and made allegation on the petitioner and his family members that they were responsible for murder of his sister.
On the other hand, the learned APP has submitted that at the time of lodging of the U.D. case, the informant was not aware of the fact that the accused persons had committed her murder, but later on the villagers apprised him that the petitioner and other accused persons committed the murder of his sister. It is strange that after six months of the death of his sister, the informant came to know the real fact that the death of his sister was not due to ailment, rather it was a murder at the hands of the petitioner and his family members. The petitioner has categorically stated that six months prior to lodging of the present FIR, informant's sister died due to ailment. He did not make any allegation of dowry demand, either in UD case or in the present case. The petitioner is in custody since 15.06.2022.
Considering the above facts and circumstances, let the petitioner, above-named, be released on bail on furnishing bail
Patna High Court CR. MISC. No.74219 of 2022(3) dt.13-04-2023 3/3 bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Raxal, East Champaran in connection with Palanwa P.S.Case No. 120 of 2022, subject to the following conditions:- The petitioner shall cooperate in the disposal of trial and make available available as and when required by the court.
Personal appearance of the I.O. is dispensed with. (Nawneet Kumar Pandey, J) HR/- U T