Tulsi Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72237 of 2019 Arising Out of PS. Case No.-267 Year-2019 Thana- PARSA District- Saran ====================================================== 1.

TULSI RAM, Son of Krishna Ram Resident of Village - Lalapur, P.S.- Parsa, Distt - Saran.

2.

Munna Ram Son of Krishna Ram Resident of Village - Lalapur, P.S.- Parsa, Distt - Saran.

3.

Sonalal Ram Son of Krishna Ram Resident of Village - Lalapur, P.S.- Parsa, Distt - Saran.

4.

Sugiya Devi Wife of Krishna Ram Resident of Village - Lalapur, P.S.- Parsa, Distt - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-02-2020 The pre-arrest bail filed on behalf of petitioner No.1 Tulsi Ram has been dismissed becoming infructuous due to arrest vide order dated 13.01.2020.

Heard learned counsel for the petitioners No. 2 to 4 and the learned A.P.P. for the State.

The petitioner Nos. 2 to 4 apprehend their arrest in connection with Parsa P.S. Case no. 267 of 2019, registered under Sections 302 and 304/34 of the Indian Penal Code. The accusation is that the marriage of Kiran Devi, daughter of informant Jagawali Devi, was performed with Uma

Patna High Court CR. MISC. No.72237 of 2019(3) dt.05-02-2020 2/3 Ram, son of Krishna Ram, resident of Lalapur, P.S. Parsa, District-Saran, before seven year. On 25.07.2019, informant received information about illness of her daughter then she went at her matrimonial house and found her daughter dead lying on the Chowki. Earlier, the husband of deceased along with other in-laws used to torture her daughter due to non-fulfillment of demand of motorcycle and chain, in dowry.

Learned counsel for the petitioners submits that, in fact, daughter of informant committed suicide due to quarrel in between deceased with her husband, but with ulterior motive, the informant lodged the present case implicating the whole family members. Further submission is that it is clear from the F.I.R. that marriage of daughter of informant was performed with co-accused Uma Ram before seven years of the occurrence as such office under Section 304(B) of Indian Penal Code would not be made out. Further submission is that petitioner Nos. 2 to 4 are brother-in-law and mother-in-law, respectively of the deceased and Uma Ram, husband of the deceased is in custody. Having regard to the facts and circumstances of the case, let the above named petitioners No. 2 to 4, namely, Munna Ram, Sonalal Ram and Sugiya Devi, be released on bail, in the event of their arrest or surrender before the learned Court below

Patna High Court CR. MISC. No.72237 of 2019(3) dt.05-02-2020 3/3 within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.MII, Saran at Chapra in connection with Parsa P.S. Case No. 267 of 2019, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T