Janeshwar Ram And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78276 of 2018 Arising Out of PS. Case No.-27 Year-2018 Thana- TANDWA District- Aurangabad ======================================================

1. Janeshwar Ram Son of Nanhak Ram

2. Kaushalya Devi wife of Janeshwar Ram Both resident of- Tandwa, P.S.- Tandwa, District- Aurangabad (Bihar).

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Leelawati Kumari, Advocate For the Opposite Party/s :

Mr.Sri Arun Kumar Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-01-2019 Heard learned counsel for petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Tandwa P.S. Case No. 27 of 2018 registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

Informant who is brother of deceased has stated in his written complaint that the marriage of his sister was solemnized with the son of petitioner nos. 1 and 2 in 2016 but thereafter she was being subjected to torture for demand of dowry and ultimately was killed by her in-laws. It has been submitted on behalf of the petitioners that they are innocent and have committed no offence. They

Patna High Court Cr.Misc. No.78276 of 2018(2) dt.09-01-2019 2/2 have been falsely implicated in this case. Petitioners are father -in-law and mother-in-law of the deceased and reside separately and were not concerned with the affairs of his son and daughterin-law. The husband is in custody. Petitioners are in custody since 27.06.2018 and 07.09.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Tandwa P.S. Case No. 27 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and their absence on two consecutive dates without sufficient reasons, their bail bond shall be cancelled by the court below.

(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (S. Kumar, J) Rajiv/- U T