Ram Nath Ram vs The State Of Bihar
2022 Latest Caselaw 4431 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CRIMINAL APPEAL (SJ) No.4794 of 2021
          Arising Out of PS. Case No.-168 Year-2020 Thana- PIYAR District- Muzaffarpur
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RAM NATH RAM S/o Chandeshwar Ram Resident of Village- Noon Phara, Sabaldiha Tola, P.S.- Pear, District- Muzaffarpur.

... ... Appellant/s Versus

1. The State of Bihar Bihar

2. Munni Devi Sunil Ram Resident of village-Noonfara,Sabaldiha Tola,P.S-

Pear,District-Muzaffarpur

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr.Alok Kumar Alok,Advocate For the Respondent/s : Mr.Usha Kumari 1, SP (P.P) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Date : 11-08-2022

Heard learned counsel for the appellant and learned

APP for the State.

Let the defect (s), as pointed out by the office, be

removed within a period of four weeks from the date of

resumption of physical filing and physical removal of defect.

Interlocutory Application has been filed for condonation

of delay in filing the instant appeal. For the reasons mentioned

in the Interlocutory Application, the delay is condoned and the

limitation petition is allowed.

This is an appeal under Section 14(A)(2) of the

Scheduled Caste and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 against the refusal of prayer for bail vide Patna High Court CR. APP (SJ) No.4794 of 2021 dt.11-08-2022

order dated 23.02.2021 passed by the learned Special Judge

SC/ST, Muzaffarpur in connection with Piar P.S. Case No. 168

of 2020 registered for the alleged offences under Sections 376,

302, 201, 120(B)/34 of the Indian Penal Code and under

Sections 3(i) (s) w(i) (ii), 3(2)(v)(va) of the Scheduled Cast and

Scheduled Tribes Act.

As per prosecution case, the Sister-in-law of the

informant was allegedly murdered by Sonu Kumar and his

father Satan Rai and three to four unknown persons as recorded

in fardbeayn of the informant. Later on, during investigation the

fact came to the knowledge that this appellant along with other

co-accused persons murdered the sister-in-law of the informant.

Learned counsel for the appellant submits that the

appellant has been falsely implicated in this case. He was not

named in the FIR and he is the maternal uncle of the deceased.

There is no direct evidence to connect this appellant to the

alleged occurrence. The police submitted the final form against

the FIR named persons and refused to investigate the matter

against them. None of the witnesses during investigation, named

the appellant for any wrong doing still on the basis of forced

confession of this appellant, he was made accused in this case.

Charge sheet has been submitted in this case and the appellant is Patna High Court CR. APP (SJ) No.4794 of 2021 dt.11-08-2022

in custody since 16.12.2020.

Learned APP opposes the prayer for bail of the appellant

submitting that during investigation, the name of the appellant

transpired as a person who along with the co-accused persons

killed the sister-in-law of the informant. The appellant confessed

to his crime and post-mortem report is also showing that the

deceased died to asphyxia caused by antemortem strangulation.

Later on by the police found out the activities of appellant to be

quite suspicious.

Perused the records.

Considering the facts and circumstances and having

regard to the submission made hereinabove and the fact that the

appellant was not named in the FIR and later on his name

surfaced on the basis of his confessional statement and also

distinct lack of substantive material against him on record, and

also considering his period of custody as well as submission of

charge sheet in this case, the appellant above named is directed

to be released on bail on furnishing bail bond of Rs. 20,000/-

(twenty thousand) with two sureties of the like amount each to

the satisfaction of learned Special Judge, SC/ST Act,

Muzaffarpur in connection with Piar P.S. Case No. 168 of 2020,

subject to the following conditions :

Patna High Court CR. APP (SJ) No.4794 of 2021 dt.11-08-2022

(i) One of the bailors will be a close

relative of the appellant.

(ii) The appellant 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 bond of the

appellant will be liable to be cancelled

by the court concerned.

Hence, the impugned order is set aside and the appeal is

allowed in terms of the above noted order.

(Arun Kumar Jha, J) Gautam/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          17.08.2022
Transmission Date       17.08.2022