Rohit Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76036 of 2019 Arising Out of PS. Case No.-94 Year-2019 Thana- BIHIA District- Bhojpur ====================================================== ROHIT RAM Son of Shabha Ram @ Sabhapati Ram @ Samapati Ram Resident of Village - Umraonganj, P.S.- Bihiya,(Bahoranpur), Distt.- Bhojpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Govind Mishra, Adv For the Opposite Party/s :

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 22-06-2020 Heard learned counsel for the petitioner as well as learned APP through video conferencing.

Informant, Phool Kumar Devi wife of deceased, Pramod Ram filed a written report to the effect that on 30.03.2019 at about 6.30 PM, she received a call from one Soni Kumari, daughter of Sabha Ram with regard to ailment of her husband. When they reached at the place of Sabha Ram, she found dead body of her husband kept over a cot in front of house of Sabha Ram and all the family members were absent after locking the door. So, she suspected the hands of Sabha Ram, Rohit Ram, Guria Kumari, Soni Kumari, during course of commission of occurrence.

From perusal of the case diary, it is evident that none is an eyewitness to the occurrence. Doctor had found numerous nail injuries over face and neck and in likewise manner, bruises

Patna High Court CR. MISC. No.76036 of 2019(5) dt.22-06-2020 2/2 over face. No other external injury nor any kind of internal injury has been found over the dead body and, the cause of death as is evident asphyxia leading to cardiopulmonary arrest due to veins congestion. Furthermore, I.O. has also recorded hearsay statement on the score that deceased Pramod Ram was a dancer in an orchestra organized by Sabha Ram. Pramod Ram was also carrying relationship with one of the daughters of Sabha Ram, namely, Soni Kumari and in the aforesaid background, even after his marriage, the deceased was more interested in staying at the place of Sabha Ram than to his house.

Learned APP fairly submitted that in the background of materials collected by the I.O. no exclusive criminal liability could be fastened.

Accordingly, petitioner, Rohit Ram is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur, Ara in connection with Bihiya (Bahoranpur) PS Case No. 94/2019.

(Aditya Kumar Trivedi, J) perwez U T