Luv Ram @ Lav Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77118 of 2024 Arising Out of PS. Case No.-156 Year-2024 Thana- RAMGARHWA District- East Champaran ====================================================== 1.
Nagina Ram S/o Kalicharan Ram Resident of village -Dhananhar Dihuli, P.S -Ramgharwa, District -East champaran 2.
Kush Ram S/o Nagina Ram Resident of village -Dhananhar Dihuli, P.s -Ramgharwa, District -East champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 90107 of 2024 Arising Out of PS. Case No.-156 Year-2024 Thana- RAMGARHWA District- East Champaran ====================================================== Luv Ram @ Lav Ram S/o Nagina Ram Resident of Village - Dhanahar Dihuli, P.S.- Ramgharwa, District -East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 77118 of 2024) For the Petitioner/s :
Mr.Prateek Tandon, Advocate For the Opposite Party/s :
Mr.Akshay Lal Pandit, APP (In CRIMINAL MISCELLANEOUS No. 90107 of 2024) For the Petitioner/s :
Mr.Prateek Tandon, Advocate For the Opposite Party/s :
Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 22-01-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. In the present case, the petitioners seek bail in connection with Ramgharwa P.S. Case No. 156 of 2024,
2/4 registered for the alleged offences under Sections 103(1), 238, 3(5) of B.N.S., 2023.
3. As per prosecution case, the daughter of the informant was married with petitioner Luv Ram and allegation the petitioners is that they used to torture her on account of their dowry demand and the petitioner husband used to assault her in drunken condition. On 01.07.2024 at 10.00 AM, the petitioner Luv Ram informed the informant that her daughter has died whereas the informant has stated in the FIR that at 8.00 O'clock her daughter was alive.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. The petitioners are husband, brother-in-law and father-inlaw of the deceased, respectively and false and concocted allegation has been made against them for causing her death. The daughter of the informant died a natural death and the petitioner husband duly informed his mother-in-law about the death. Learned counsel further submits that if there has been any wrong doing on part of the petitioners, they would have fled away after causing death of the daughter of the informant. But it is apparent from the statement of witnesses recorded during investigation that the informant herself went to matrimonial
3/4 home of her daughter and the petitioners were present all along and from there they were arrested by the police on the same day. Learned counsel further submits that apparently the informant is not an eye witness and there is no tangible material to connect the petitioners with the offence as alleged. The petitioners are having clean antecedent and they are in custody since 02.07.2024 and charge sheet has been submitted.
5. Learned APP opposes the submission made on behalf of the petitioners.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the conduct of the petitioners, doubtful nature of allegation and also considering clean antecedent of the petitioners, the petitioners above named are directed to be released on bail on 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, Motihari, East Champaran/concerned Court in connection with Ramgharwa P.S. Case No. 156 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :
(i) One of the bailors will be a close
4/4 relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioners will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) DKS/- U T