Ramchandra Patel @ Ramchandra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.369 of 2019 Arising Out of PS. Case No.-191 Year-2017 Thana- BARURAJ District- Muzaffarpur ====================================================== Ramchandra Patel @ Ramchandra Singh S/o Inaramal Rai, R/o VillageChhatarpatti, P.S.-Baruraj, District-Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajiv Kumar For the Opposite Party/s :
Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-02-2019 A supplementary affidavit has been filed during the course of the hearing of this petition.
Let it be taken on the record.
The petitioner seeks bail in anticipation of his arrest in connection with Baruraj P.S. Case No. 191 of 2017 dated 30.12.2017 instituted for the offences under Sections 304(B), 201, 120(B), 34 of the Indian Penal Code. The petitioner is the father-in-law of the deceased. It has been alleged in the F.I.R that the deceased was married to the son of the petitioner in the year 2010 and for the non-fulfillment of the dowry demand, she was killed by strangulating her.
The learned counsel for the petitioner has submitted that a general and omnibus allegation has been
Patna High Court Cr.Misc. No.369 of 2019(2) dt.01-02-2019 2/3 alleged against the petitioner and others. In fact, during the course of investigation, the Superior Police Officer while supervising the case was of the definite opinion that the deceased had committed suicide and therefore, had recommended for submission of charge-sheet under Section 306 I.P.C. In fact, the charge-sheet was submitted against one of the accused persons viz. the wife of the petitioner (mother-in-law of the deceased) and as against the petitioner and the husband of the deceased, the investigation is still pending. The mother-in-law of the deceased had been taken into custody but has now been granted bail. It has also been submitted that petitioner is about 70 years of age and no useful purpose would be served in sending him to jail.
Considering that the charge-sheet against one of the accused persons has been submitted under Section 306 I.P.C and taking into account the age of the petitioner, the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, is directed to be released on bail on his furnishing bail bonds of Rs.
Patna High Court Cr.Misc. No.369 of 2019(2) dt.01-02-2019 3/3 two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Baruraj P.S. Case No. 191 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J) Shageer/- U T