Ramswarup Prasad @ Ramswarup Musahar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69781 of 2019 Arising Out of PS. Case No.-132 Year-2019 Thana- KATEYA District- Gopalganj ====================================================== RAMSWARUP PRASAD @ RAMSWARUP MUSAHAR Son of Guru Ji Prasad Resident of Village- Ahirauli, P.S.- Kateya, District- Gopalganj. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Indrajeet Bhushan, Advocate For the Opposite Party/s :

Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking regular bail in connection with Kateya P.S. Case No. 132 of 2019 registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal.

Learned counsel for the petitioner submits that there is general and omnibus allegation against the petitioner. The petitioner is the bhaisur (elder brother of the husband) of the deceased and the husband of the deceased is already in custody. The petitioner is suffering custody since 26.04.2019. Though the petitioner is separate in mess and business but only due to relationship with the husband of the deceased he has been made accused.

Learned APP for the State has opposed the prayer of

Patna High Court CR. MISC. No.69781 of 2019(2) dt.14-01-2020 2/3 regular bail of the petitioner.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the petitioner is the bhaisur (elder brother of the husband) of the deceased and he is residing separately in mess and business and further that the husband of the deceased is already in custody and this petitioner being innocent is in custody for over six months only because he happens to be the brother of the husband of the deceased and in the nature of the submissions, let the petitioner above named be released on bail in connection with Kateya P.S. Case No. 132 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. XV, Gopalganj, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person

Patna High Court CR. MISC. No.69781 of 2019(2) dt.14-01-2020 3/3 acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) avin/- U T