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Patna High Court – Orders
Hare Ram Bind vs The State Of Bihar on 15 September, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Cr.Misc. No.31192 of 2011
                    Hare Ram Bind son of Doman Chaoudhary, resident
                     of village-Kazipur, P.S.-Simri, District-Buxar
                                                 Versus
                                         The State of Bihar
                                               -----------

2. 15.9.2011. Heard learned counsel for the petitioner and learned

counsel for the State.

The petitioner apprehends his arrest in connection with a

case registered for the offence punishable under section 304B/34 of

the Indian Penal Code.

It is alleged that daughter of the informant was married

to co-accused Jairam Bind six years ago. After three years of

marriage “Gauna” was performed. On 31.5.2006 at about 6 p.m. the

informant came to know regarding death of his daughter. The

informant went to matrimonial home of his daughter and found her

dead body in the courtyard with burn injury. Accordingly, a case

was registered against altogether five accused persons named in the

first information report including the petitioner, who is alleged to be

a friend of husband of the victim.

It is submitted on behalf of the petitioner that by no

stretch of imagination a presumption under section 113B of the

Evidence Act would be drawn against the petitioner for prosecuting

him under section 304B of the Indian Penal Code. Admittedly, he is

not a family member. It is also submitted that the police on

conclusion of investigation found the allegation to be true as against

husband and in-laws named in the first information report and

chargesheet was submitted against them but in the same chargesheet
2

the petitioner was shown to be innocent and was not sent up for trial.

However, differing with the police report, the learned Magistrate has

taken cognizance of the offence and that is why the petitioner

apprehends his arrest. It is further submitted that all the named

accused including the husband have already been granted bail by

this court.

Taking into consideration the aforesaid facts, let the

petitioner, namely, Hare Ram Bind in the event of his arrest or

surrender before the court below within a period of four weeks from

the date of receipt/communication of the order be released on bail on

furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties

of the like amount each to the satisfaction of Sri S.K.Mishra, learned

Judicial Magistrate, Ist Class, Buxar in connection with Simri P.S.

Case No.77 of 2006 subject to the conditions as laid down under

section 438(2) of the Code of Criminal Procedure.

Md.S.                              ( Ashwani Kumar Singh, J.)
 

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