Sudha Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18068 of 2018 Arising Out of PS.Case No. -191 Year- 2017 Thana -BARAUNI District- BEGUSARAI ======================================================
1. Sudha Devi, W/o Sanjay Ram,
2. Rajendra Ram S/o Late Jeetu Ram, R/o Village- Bihat, Tola Sadanandpur, Ward No. 16, P.S.- Barauni, District- Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-07-2018 Learned counsel for the petitioner seeks permission to withdraw this application against the petitioner no.1 (Sudha Devi). Heard learned A.P.P. also.
In view of the submission of the petitioner, let this application against the petitioner no.1 be dismissed as withdrawn. Heard the parties.
The petitioner no.2 (Rajendra Ram) is apprehending his arrest in connection with Barauni P.S.Case no.191 of 2017 , registered for offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.
Allegation against the petitioner is he has killed the deceased who happens to the grand daughter of the petitioner no.2. Submission of the learned counsel for the petitioner is that
Patna High Court Cr.Misc. No.18068 of 2018 (4) dt.13-07-2018 2/3 he is not named in the FIR and later on only on the basis of suspicion he has been named in this case and one of the witnesses in his statement before the police has stated that she has committed suicide by burning herself and she used to live in her Maike in spite of her marriage. Moreover the petitioner no.2 is an old aged person as he is grand father of the deceased. Heard learned A.P.P. also, who has opposed the prayer for bail on the ground that the death is due to strangulation. Having heard both sides and in view of the facts and circumstances, as stated above, and considering of the fact that he is old aged person, let the petitioner no.
2 (Rajendra Ram) surrender before the court below within a period of six weeks from the date of receipt of the order and on surrender he will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Begusari in connection with Barauni P.S.Case no.191 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when
Patna High Court Cr.Misc. No.18068 of 2018 (4) dt.13-07-2018 3/3 required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T