Rajan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.120 of 2025 Arising Out of PS. Case No.-88 Year-2024 Thana- PATKHAULI District- West Champaran ====================================================== Rajan Ram S/o Late Suraj Ram R/o Village- Pathkhauli, Ward No. 2, Police Station- Pathkhauli, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-03-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Pathkhauli P.S. Case No. 88 of 2024 instituted for the offence under Sections 304(B), 506 & 34 of the Indian Penal Code. 3.

Prosecution case in short is that daughter of the informant was done to death by her in-laws due to nonfulfillment of the demand of dowry. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13-08-2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.120 of 2025(4) dt.27-03-2025 2/3 counsel that petitioner has been falsely implicated in the present case. Petitioner is the husband of the deceased. There is no specific allegation against the petitioner, rather allegation is general and omnibus in nature. Specific allegation of dowry, as per the FIR, is against co-accused, namely, Lokesh Thaku and Kamlesh Thakur. There is no eye witness to the occurrence. Petitioner has been made accused only because he is husband of the deceased. Charge sheet is submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Referring to postmortem report, it is submitted that cause of death is asphyxia due to smothering and head injuries caused by hard and blunt substance as well as cheek injury. Witnesses have supported the prosecution case.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no specific allegation against the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pathkhauli

Patna High Court CR. MISC. No.120 of 2025(4) dt.27-03-2025 3/3 P.S. Case No. 88 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T